LBR 3001-1. NOTICE OF CLAIMS BAR DATE IN CHAPTER 11 CASES

LBR 3001-1. NOTICE OF CLAIMS BAR DATE IN CHAPTER 11 CASES

When the court orders a bar date for the filing of claims in a chapter 11 case, the debtor in possession or the chapter 11 trustee must serve notice of the claims bar date on all creditors and other parties entitled to notice. The following language must be used in the notice: NOTICE OF CLAIMS DEADLINE
The Bankruptcy Court has set a deadline of , 20 for creditors and holders of ownership interests in the above-referenced debtor to file proofs of claim against or
proofs of interest in the debtor’s estate. The exceptions to this deadline for filing proofs of claim or interest are: (1) claims arising from rejection of executory contracts or unexpired leases; (2) claims of governmental units; and (3) claims arising as the result of transfer avoidance pursuant to chapter 5 of the Bankruptcy Code. For claims arising from rejection of executory contracts or unexpired leases pursuant to 11 U.S.C. § 365, the last day to file a proof of claim is: (a) 30 days after the date of entry of the order authorizing the rejection, or (b) [repeat the bar date set for all other claims here], whichever is later. For claims of “governmental units,” as that term is defined in 11 U.S.C. § 101(27), proofs of claim are timely filed if filed: (a) before 180 days after the date of the order for relief in this case, or (b) by [repeat the bar date set for all other claims here], whichever is later. 11 U.S.C. § 502(b)(9). For claims arising from the avoidance of a transfer under chapter 5 of the Bankruptcy Code, the last day to file a proof of claim is: (a) 30 days after the entry of judgment avoiding the transfer, or (b) [repeat the bar date set for all other claims here], whichever is later.
If you are listed on the Schedules of Assets and Liabilities of [debtor] and your claim or interest is not scheduled as disputed, contingent, unliquidated or unknown, your claim or interest is deemed filed in the amount set forth in the schedules, and the filing of a proof of claim or interest is unnecessary if you agree that the amount scheduled is correct and that the category in which your claim or interest is scheduled (secured, unsecured, preferred stock, common stock, etc.) is correct. 11 U.S.C. § 1111(a).
If your claim or interest is not listed on the schedules or is scheduled as disputed,
contingent, unliquidated or unknown, or you disagree with the amount or description
scheduled for your claim or interest, you must file a proof of claim or interest.
Failure of a creditor or interest holder to file timely a proof of claim or interest on
or before the deadline may result in disallowance of the claim or interest or
subordination under the terms of a plan of reorganization without further notice or
hearing. 11 U.S.C. § 502(b)(9). Creditors and interest holders may wish to consult
an attorney to protect their rights.
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