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Timely Filing In Chapter 13 Bankruptcy Cases: Does Rule 3002(C)'S Deadline Apply To Secured Creditors?, Mark Glover

Mark Glover

Federal Rule of Bankruptcy Procedure 3002 provides the guidelines that creditors must follow to file a proof of claim and participate in the debtor's repayment plan. Subsection (c) of the rule establishes a timeliness requirement, which states “a proof of claim is timely filed if it is filed not later than 90 days after the first date set for the meeting of creditors called under § 341(a) of the Code.” While courts universally agree that Rule 3002(c)’s deadline applies to unsecured creditors, much uncertainty has arisen as to whether the rule applies to secured creditors. Some courts interpret the rule …