• Bankruptcy Rule Changes
  • February 5, 2018 | Authors: Bryan M. Mull; Lawrence D. Coppel
  • Law Firm: Gordon Feinblatt LLC - Baltimore Office
  • Several significant amendments to the Federal Rules of Bankruptcy Procedure became effective on December 1, 2017. Most notable are the amendments to Bankruptcy Rule 3002, which governs the filing of proofs of claim. Rule 3002(a) now provides that a secured creditor must file a proof of claim for the claim to be allowed. However, the failure to file a proof of claim on its own will not cause the lien securing the claim to be deemed void. As amended, under Rule 3002(c), the deadline for filing proofs of claim in Chapter 7, 12 and 13 cases has been shortened and the deadline is no longer measured with reference to the date of the first meeting of creditors. Now, in a voluntary Chapter 7 case, or in Chapter 12 or 13 cases, a proof of claim must be filed within 70 days after the petition date, or the date of conversion to a case under Chapter 12 or 13. In an involuntary Chapter 7 case, the proof of claim must be filed within 90 days after the order for relief. Prior to these amendments, Rule 3002 provided that the proof of claim deadline was 90 days from the date of the first meeting of creditors. Thus, the amendments to Rule 3002 effectively shorten the proof of claim bar date by two months. These amendments do not alter the deadline for filing proofs of claim in Chapter 11 cases under Rule 3003(c)(3). Under local rules for Chapter 11 cases pending in Maryland, a proof of claim in a Chapter 11 case must be filed within 90 days after the first date set for the meeting of creditors unless the court fixes a different date.