Official Procedure Last Change October 5, 2012
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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) |
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
The Proof of Claim to which the motion refers must be filed before the Motion is filed. View instructions on filing a proof of claim
The Motion must be signed by the filing party.
A Certificate of Service must be included certifying that the Motion was served on the debtor or debtor's attorney, the Trustee, and the US Trustee.
If the moving party is represented by an attorney, an Appearance must be filed as a separate event. This is not required for the debtor's attorney.
A proposed order does not need to be uploaded - the court will prepare one.
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.