Time for Non-Governmental Entities to File Proofs of Claim in Chapter 11 Cases

In a chapter 11 case, a proof of claim by a non-governmental entity must be filed not later than 90 days after the first date set for the meeting of creditors. In a subchapter V case, a proof of claim by a non-governmental entity must be filed not later than 70 days after the date of the order for relief under that chapter. [Effective April 15, 1997. Amended effective January 9, 2006; amended and renumbered as 3003- 1 on September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3002-1 was renumbered to Local Rule 3003-1 since it corresponds to Fed. R. Bankr. P. 3003(c)(3). The title of the rule was amended to reflect that the rule pertains to the time for filing proofs of claim for non-governmental entities.

Previously abrogated subsections (a) and (b) were removed. Because subsections (a) and (b) were removed, the subsection (c) designation was also removed. The substance of former subsection (c) is now the substance of the rule in its entirety, with a few changes. A new 70-day deadline to file a proof of claim in a subchapter V case was added.

When proceeding under subchapter V, a plan must be filed within 90 days of the petition date under 11 U.S.C. § 1189(b). Therefore, a proof of claim deadline sooner than 90 days is helpful. See also 11 U.S.C. § 1188(a) (requiring that a status conference be held within 60 days of the order for relief). Further, the qualifier “by a non- governmental entity” was added to make clear that these deadlines do not apply to governmental entities.

Under 23 11 U.S.C. § 502(b)(9)(A), “a claim of a governmental unit shall be timely filed if it is filed before 180 days after the date of the order for relief or such later time as the Federal Rules of Bankruptcy Procedure may provide.” See also 3002(c)(1) (providing the same deadline in chapter 7, 12, and 13 cases). Rule 3007-1. [ABROGATED] [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006; December 1, 2009; May 1, 2015; October 1, 2019. Abrogated effective September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3007-1 was abrogated to ensure consistency with Fed. R. Bankr. P. 3007 and to avoid duplication of the same.

The 1983 Advisory Committee Notes to Fed. R. Bankr. P. 9014 remark that “the filing of an objection to a proof of claim” constitutes a contested matter. Under Fed. R. Bankr. P. 9014(a), “relief must be requested by motion.” While Local Rule 9013-1(a)(1) generally requires a notice of hearing and motion in conformance with Local Form 9013-1, Fed. R. Bankr. P. 3007(a) makes clear that notice of an objection to a claim must substantially conform to Official Form 420B. A party filing a motion objecting to a claim should use Official Form 420B instead of Local Form 9013-1. Lastly, the provision about counterclaims was removed as duplicative of Fed. R. Bankr. P. 3007(b).

Rule 3009-1. [ABROGATED] [Effective April 15, 1997. Amended effective January 1, 2002; January 9, 2006. Abrogated effective September 3, 2025.] 2025 Advisory Committee Notes Local Rule 3009-1 was abrogated to avoid duplication of the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure and to reflect current practice in this district. Subsection (a) was removed as it was previously abrogated.

Subsection (b)(1) was removed as unnecessary and to avoid duplication with 11 U.S.C. § 503(a) and (b), as well as Fed. R. Bankr. P. 5009(a). Subsection (b)(2) was removed to avoid duplication with Fed. R. Bankr. P. 2002(f)(1)(I), which indicates that notice to all creditors of a trustee’s final report in a chapter 7 case is only necessary “if the net proceeds realized exceed $1,500.” Lastly, subsection (b)(3) was removed because if additional assets are discovered after final distributions have been made, the current practice in this district is to file a new final report and final account. For more information on distributions and final reports and accounts in chapter 7 cases, please refer to the Handbook for Chapter 7 Trustees maintained by the U.S. Trustee Program and available at https://www.justice.gov/ust/private-trustee-handbooks-reference-materials/.