Filing a Proof of Claim or Interest

(a) Presumption of No Assets in an Individual Chapter 7 Case. In an individual chapter 7 case, it is presumed that there are no assets available to pay a dividend. Unless the notice of the § 341 meeting of creditors states otherwise, under Bankruptcy Rule 2002(e) no deadline to file proofs of claim will be set. Upon determining that there may be assets available to pay a dividend, the trustee must file a notice of assets.

(b) Exceptions to Time to File a Proof of Claim Under Bankruptcy Rule 3002(c). Notwithstanding Bankruptcy Rule 3002(c), the time to file a proof of claim in a voluntary chapter 7 case and a chapter 12 or 13 case is modified as follows: (1) Meeting of Creditors Not Timely Noticed. In a case where the debtor, the trustee, creditors, and all indenture trustees have not been given at least 21 days’ notice by mail of the § 341 meeting of creditors, a proof of claim is timely if it is filed no later than 70 days after timely service under Bankruptcy Rule 2002(a)(1) of notice of the § 341 meeting of creditors. (2) Dismissal Order Vacated.

In a case that was dismissed before the time to file a proof of claim expired and the dismissal order is later vacated, a proof of claim is timely if it is filed no later than 70 days after entry of the order vacating the dismissal order. 15 (c) Serving Copies on an Unrepresented Chapter 13 Debtor. If a debtor in a chapter 13 case is not represented by an attorney, a creditor must serve a copy of its filed proof of claim on the debtor by mail. Rule 3002.1-1.

Chapter 13 – Claim Secured by a Security Interest in the Debtor’s Principal Residence (a) Prohibited Notices; Sanctions. A claim holder must not file a notice under Bankruptcy Rule 3002.1 after the requirements of Bankruptcy Rule 3002.1 cease. If a claim holder files a notice under Bankruptcy Rule 3002.1 after the requirements of Bankruptcy Rule 3002.1 cease, a debtor may move to strike the notice and for an award of reasonable expenses incurred in making the motion, including attorneys’ fees. (b) Mortgage Modification Mediation Program.

If a debtor and a claim holder are participating in the MMM program, the following rules apply to a notice under Bankruptcy Rule 3002.1(b)(1) or (b)(2) while the MMM is pending: (1) the effective date of a notice of payment change is stayed; (2) (3) (4) the debtor is not required to file a motion under Bankruptcy Rule 3002.1(b)(4) to determine the change’s validity; if the MMM results in a modification of the mortgage, the modification must resolve any notices of payment change filed during the pendency of the MMM; and if the MMM does not result in a modification of the mortgage, the debtor will have until 14 days after the mediator issues a final report to file a motion under Bankruptcy Rule 3002.1(b)(4) to determine the validity of any payment change notice issued while the MMM was pending. (c) Statement of Intent With Respect to 3002.1 Notice. (1) Notice of Payment Change. After a claim holder files a notice of payment change under Bankruptcy Rule 3002.1(b)(1) or (b)(2), the debtor must – on or before the deadline to file a motion under Bankruptcy Rule 3002.1(b)(4) to determine the change’s validity – also file local form Debtor’s Statement of Intent With Respect to Rule 3002.1 Notice of Payment Change.

(2) Notice of Fees, Expenses, and Charges. After a claim holder files a notice itemizing fees, expenses, and charges incurred after the case was filed under Bankruptcy Rule 3002.1(c), the debtor must – on or before the deadline to file a motion under Bankruptcy Rule 3002.1(e) to determine whether paying any claimed fee, expense, or charge is required by the underlying agreement and applicable nonbankruptcy 16 law – also file local form Debtor’s Statement of Intent With Respect to Rule 3002.1 Notice of Fees, Expenses, and Charges.