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Proof of Claim


Creditors must timely file a proof of claim to be paid in an asset case.

Rule 3002(c), F.R.Bankr.P., provides in general that a proof of claim is timely filed by a creditor if it is filed not later than 90 days after the first date set for the meeting of creditors¹ in a chapter 7 or 13 case. There are some exceptions. Initially, most chapter 7 cases are considered no asset cases, making the filing of a claim unnecessary in the absence of a notice of possible dividend.  See Rule 2002(e). If creditors may get paid something in a chapter 7, a creditor’s proof of claim is timely if filed within 90 days of the notice of possible dividend. Rule 3002(c)(5). 


A debtor can file a proof of claim for a creditor. 

Under Rule 3004, if a creditor does not timely file a proof of claim under Rule 3002(c), the debtor may file a proof of claim for the debt within 30 days after the Rule 3002(c) deadline. See also section 501(c).


In an asset case, a creditor must file a proof of claim to be paid in the bankruptcy. A creditor who does not file a claim does not get paid, but the claim can be discharged if it is listed by the debtor in the debt schedules or if the creditor has notice of the bankruptcy and an opportunity to file a proof of claim before the deadline.