(a) Necessity for Filing. An unsecured creditor or an equity security holder must file a proof of claim or interest for the claim or interest to be allowed, except as provided in Rules 1019(3), 3003, 3004, and 3005.
(b) Place of Filing. A proof of claim or interest shall be filed in accordance with Rule 5005.
(c) Time for Filing. In a chapter 7 liquidation, chapter 12 family farmer’s debt adjustment, or chapter 13 individual’s debt adjustment case, a proof of claim is timely filed if it is filed not later than 90 days after the first date set for the meeting of creditors called under § 341(a) of the Code, except as follows:
(1) A proof of claim filed by a governmental unit, other than for a claim resulting from a tax return filed under § 1308, is timely filed if it is filed not later than 180 days after the date of the order for relief. A proof of claim filed by a governmental unit for a claim resulting from a tax return filed under § 1308 is timely filed if it is filed no later than 180 days after the date of the order for relief or 60 days after the date of the filing of the tax return. The court may, for cause, enlarge the time for a governmental unit to file a proof of claim only upon motion of the governmental unit made before expiration of the period for filing a timely proof of claim.
(2) In the interest of justice and if it will not unduly delay the administration of the case, the court may extend the time for filing a proof of claim by an infant or incompetent person or the representative of either.
(3) An unsecured claim which arises in favor of an entity or becomes allowable as a result of a judgment may be filed within 30 days after the judgment becomes final if the judgment is for the recovery of money or property from that entity or denies or avoids the entity’s interest in property. If the judgment imposes a liability which is not satisfied, or a duty which is not performed within such period or such further time as the court may permit, the claim shall not be allowed.
(4) A claim arising from the rejection of an executory contract or unexpired lease of the debtor may be filed within such time as the court may direct.
(5) If notice of insufficient assets to pay a dividend was given to creditors under Rule 2002(e), and subsequently the trustee notifies the court that payment of a dividend appears possible, the clerk shall give at least 90 days’ notice by mail to creditors of that fact and of the date by which proofs of claim must be filed.
**(6) If notice of the time to file a proof of claim has been mailed to a creditor at a foreign address, on motion filed by the creditor before or after the expiration of the time, the court may extend the time by not more than 60 days if the court finds that the notice was insufficient under the circumstances to give the creditor a reasonable time to file a proof of claim.
(As amended Mar. 30, 1987, eff.** Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 23, 2008, eff. Dec. 1, 2008.)
added in current removed in current
Compared to current version (2025).
(a) Necessity for Filing. An unsecured creditor ored to File. Unless Rule 1019(c), 3003, 3004, or 3005 provides otherwise, every creditor must file a proof of claim-and an equity security holder must file a proof of claim or interest -for the claim or interest to be allowed, except as provided in Rules 1019(3), 3003, 3004, and 3005.
(b) Place of Filing. A. A lien that secures a claim is not void solely because an entity failed to file a proof of claim.
(b) Where to File. The proof of claim or interest shallmust be filed in the district where the case is pending and in accordance with Rule 5005.
(c) Time forto Filinge. In a chapter 7 liquidation, chapter 12 family farmer’s debt adjustment, or chapter 13 individual’s debt adjustmentvoluntary Chapter 7 case or in a Chapter 12 or 13 case, the proof of claim is timely if filed within 70 days after the order for relief or entry of an order converting the case to Chapter 12 or 13. In an involuntary Chapter 7 case, a proof of claim is timely filed if it is filed not later if filed withain 90 days after the first date set for the meeting of creditors called under § 341(a) of the Code, except as follows:
(1) A proof of claim filed by a governmental unit, other than for a claim resulting from a tax return filed under § 1308, is timely filed if it is filed not later order for relief is entered. These exceptions apply in all cases:
(1) Governmental Unit. A governmental unit’s proof of claim is timely if filed withain 180 days after the date of the order for relief. ABut a proof of claim filed by a governmental unit for a claim resulting from a tax return filed under § 1308 is timely filed if it is filed no later if filed withain 180 days after the date of the order for relief or within 60 days after the date of the filing of the tax return. The court may, for cause, enlarge the time for a governmental unit to file a proof of claim only upon motion of the governmental unit made before expiration of the period for filing a timely proof of claim.
(2) In the interest of justice and if it will not unduly delay the administration of the castax return is filed. On motion filed by a governmental unit before the time expires and for cause, the court may extend the time to file a proof of claim.
(2) Infant or Incompetent Person. In the interests of justice, the court may extend the time for filing a proof of claim by an infant or incompetent person -or thea representative of either.
(3) An unsecured claim which arises in favor of an entity or becomes allowable as a result of-to file a proof of claim, but only if the extension will not unduly delay case administration.
(3) Unsecured Claim That Arises from a jJudgment may be filed within 30 days after the judgment becomes final if the judgment is for the. This paragraph (3) applies if an unsecured claim arises in favor of an entity or becomes allowable because of a judgment to recovery of money or property from that entity or a judgment that denies or avoids the entity’s interest in property. IThe claim may be filed within 30 days after the judgment becomes final. But the claim must not be allowed if the judgment imposes a liability whichthat is not satisfied, -or a duty whichthat is not performed -within such period or such further time as the court may permit, the claim shall not be allowed.
(4) A claimthe 30 days or any additional time set by the court.
(4) Claim Arising from a Rejected Executory Contract or Unexpired Lease. A proof of claim for a claim that arisinges from thea rejection of aned executory contract or an unexpired lease of the debtor mmay be filed within the time set by the court.
(5) Notice That Assets May bBe filed within such time as the court may direct.Available to Pay a Dividend. The clerk must, by mail, give at least 90 days’ notice to creditors that a dividend payment appears possible and that proofs of claim must be filed by the date set forth in the notice if:
(5A) Ifa notice of insufficient assets to pay a dividend was given to creditorshad been given under Rule 2002(e),; and subsequently
(B) the trustee later notifies the court that payment of a dividend appears possible, the clerk shall give at least 90 days’ notice by mail to creditors of that fact and of the date by which.
(6) Claim Secured by a Security Interest in the Debtor’s Principal Residence. A proof of a claim secured by a security interest in the debtor’s principal residence is timely filed if:
(A) the proofs of claim must be filed.
(6) If notice of the time to file a proof of claim has been mailed to a creditor at a foreign address, on motion filed by the creditor before or after the expiration of the timeand attachments required by Rule 3001(c)(2)(C) are filed within 70 days after the order for relief; and
(B) the attachments required by Rule 3001(c)(1) and (d) are filed as a supplement to the holder’s claim within 120 days after the order for relief.
(7) Extending the Time to File. On a creditor’s motion filed before or after the time to file a proof of claim has expired, the court may extend the time to file by not more than 60 days from the date of its order. The motion may be granted if the court finds that the notice was insufficient under the circumstances to give the creditor a reasonable time to file a proof of claim.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)