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Fed. R. Bankr. P. 3003

Chapter 9 or 11—Filing a Proof of Claim or Equity Interest

activein force · 2024-12-01 – presentact-effective-date

(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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