[CLBS] Local Rule 3003.1 - Proposed Change for comment

[Robert Maynes]

Dear Listmates,
Good morning!  I write to invite your comment on a proposed change to Local Rule 3003.1.  Specifically, we are proposing that the last day to file proofs of claim in a chapter 11 case be changed from 90 days after the creditors meeting to 70 days after the petition date for all creditors, except governmental units.  Governmental unit claims are governed by FRBP Rule 3002(c)(1) and have 180 days from the petition date.

There were a few reasons for the proposed change.  First, in chapter 7, 12 and 13 cases, FRBP 3002 provides a claims bar date of 70 days after the petition date.  Second, in a subchapter V case a proof of claim is due 70 days after the petition. See General Order 358.

We felt it made sense to have a uniform bar date, as much as possible, to avoid confusion.  We also felt that it would be helpful in the plan process to have the claims on file a little earlier than 90 days.

Does this proposed change cause problems that the Local Rules Committee should consider?  Particularly those of you who frequently represent creditors—does this proposed change present a challenge for you or your clients?

Your input and insights are welcome.

Kindest regards,
Rob

ROBERT J. MAYNES
MAYNES TAGGART, PLLC
1449 E. 17th Street, Suite A
P.O. Box 3005
Idaho Falls, Idaho 83403
(208) 552-6442
(208) 524-6095 fax

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