US · rules
Fed. R. Bankr. P. 3003
Chapter 9 or 11—Filing a Proof of Claim or Equity Interest
(a) SCOPE. This rule applies only in a Chapter 9 or 11 case.
(b) S CHEDULED LIABILITIES AND LISTED EQUITY SECURITY HOLDERS AS PRIMA FACIE EVIDENCE OF VALIDITY AND AMOUNT.
(1) Creditor’s Claim. An entry on the schedule of liabilities
filed under § 521(a)(1)(B)(i) is prima facie evidence of the validity and the amount of a creditor’s claim—except for a claim
49 Rule 3005 FEDERAL RULES OF BANKRUPTCY PROCEDURE
scheduled as disputed, contingent, or unliquidated. Filing a
proof of claim is unnecessary except as provided in (c)(2).
(2) Interest of an Equity Security Holder. An entry on the list
of equity security holders filed under Rule 1007(a)(3) is prima
facie evidence of the validity and the amount of the equity interest. Filing a proof of the interest is unnecessary except as
provided in (c)(2).
(c) FILING A PROOF OF CLAIM.
(1) Who May File a Proof of Claim. A creditor or indenture
trustee may file a proof of claim.
(2) Who Must File a Proof of Claim or Interest. A creditor or equity security holder whose claim or interest is not scheduled—
or is scheduled as disputed, contingent, or unliquidated—must
file a proof of claim or interest. A creditor who fails to do so
will not be treated as a creditor for that claim for voting and
distribution.
(3) Time to File. The court must set the time to file a proof
of claim or interest and may, for cause, extend the time. If the
time has expired, the proof of claim or interest may be filed
to the extent and under the conditions stated in Rule
3002(c)(2), (3), (4), and (7).
(4) Proof of Claim by an Indenture Trustee. An indenture trustee may file a proof of claim on behalf of all known or unknown
holders of securities issued under the trust instrument under
which it is trustee.
(5) Effect of Filing a Proof of Claim or Interest. A proof of claim
or interest signed and filed under (c) supersedes any scheduling of the claim or interest under § 521(a)(1).
(d) T REATING A NONRECORD HOLDER OF A SECURITY AS THE
RECORD HOLDER. For the purpose of Rules 3017, 3018, and 3021 and
receiving notices, an entity that is not a record holder of a security may file a statement setting forth facts that entitle the entity to be treated as the record holder. A party in interest may
file an objection to the statement.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug.
1, 1991; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 2, 2024, eff. Dec. 1, 2024.)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-03
- Edition
- 2026-08-19
- Content hash
faefee6b857edff6394c49762121bc632b565d64d5e30a1962f5df2baf3df692
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