Motion to Allow Late Filed Claim to be Treated as Timely Filed

Menu item to use:

Bankruptcy > Motions, Applications & Briefs > Allow Late Filed Claim to be Treated as Timely Filed, Motion to

 

11 U.S.C. Section 502(b)(9), 726(a)(1) and (2)

 

General Information

The court does not prevent a creditor from filing a proof of claim after the claims bar date has passed. However, if the creditor wishes to have their late-filed claim allowed as if it were timely filed, a Motion to Allow Late Filed Claim to be Treated as Timely Filed must be filed.

 

Filing Requirements

 

Step-by-Step Instructions

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (in the format xx-xxxxx) and click Next

 

4. Select Allow Late Filed Claim to be Treated as Timely Filed, Motion to from the event list and click Next

 

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

6. Check box if jointly filing with another attorney, click Next.

 

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

9. Browse to select the Motion (pdf file).  Click Next

 

10. Click to select the claim that you wish to be allowed as timely filed and click Next

 

11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

12. Select prefix text, if applicable, and click Next

 

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

 

13. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

 

 

Curing Deficiencies

If the Motion is deficient, an amended Motion must be filed prior to the deficiency deadline using the instructions above, or the Motion may be stricken.