December 1, 2017 Rule Changes: New Bar Date for Claims Filed by Secured and Unsecured Creditors

Effective with cases filed on or after December 1, 2017, creditors will have only 70 days from the petition date within which to file proofs of claims (not 90 days from the 341 date).  In addition, the bar date will apply to secured creditors as well as unsecured creditors.

You need to download and read this linked article, co-authored by Lawrence R. Ahern III, Brown & Ahern (Nashville, TN), and reprinted with permission from the NACTT Academy.  The article includes a blacklined copy of amended Rule 3002 for your convenience.

Although for many years secured creditors in the EDKY have been required by local rule to file claims, the bar date has never been applied to the secured portion of those claims, but that will change under the new rules.

The court in the EDKY has always disallowed late unsecured claims, and there are several published and unpublished opinions and orders on the matter.  I can see no reason why the legal analysis will change as to late-filed secured claims.  Untimely filed secured claims will likely be disallowed and will not be paid during the chapter 13 case.

If secured creditors want to be paid in a chapter 13 case, they need to timely file claims.  If they fail to file a claim by the bar date, debtors (through their attorneys) have 30 days after the creditor’s bar date in which to file claims on behalf of the creditors.

If you have not signed up for one of our training sessions, click here to see the schedule.

The new rules and forms will also be a topic at the UK Consumer Bankruptcy Law Conference, Thursday and Friday, March 22 & 23, 2018, at the Marriott Griffin Gate Resort in Lexington, Kentucky.  The two-day program will provide 12 hours of CLE Credit, including 2 hours of Ethics Credit.  Click here for the brochure.

 

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