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

Official Procedure Last Change December 1, 2019

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

How to file: 

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

Things to be aware of when filing: The Proof of Claim to which the Motion refers must be filed before the Motion is filed.

  • 11 USC 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

  • 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.
  • A proposed order does not need to be uploaded - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.