Cite as: Keith M. Lundin, Lundin On Chapter 13, § 132.1, at ¶ ____, LundinOnChapter13.com (last visited __________).
Determining which creditors must file proofs of claim and by what deadlines in Chapter 13 cases was a little muddled prior to the Bankruptcy Reform Act of 1994. The 1994 Act clarified the claims allowance process. In Chapter 13 cases filed after October 22, 1994, the changed provisions of §§ 502 and 503 determine who must file proofs of claim, by what deadlines.
Several of the 1994 amendments made unusual statutory cross-references to the Federal Rules of Bankruptcy Procedure.1 The key Bankruptcy Rule that addresses the filing and timeliness of proofs of claim—Bankruptcy Rule 3002—was amended effective December 1, 1996, to conform to the 1994 Code amendments. In Chapter 13 cases filed between October 22, 1994, and December 1, 1996, the former version of Bankruptcy Rule 3002 was in effect, including provisions that were inconsistent with the 1994 amendments to the Code. In bankruptcy cases filed after December 1, 1996, the new version of Bankruptcy Rule 3002 controls the filing and timeliness of proofs of claim.2
Given the relatively long life of the typical Chapter 13 case, there was claims litigation in Chapter 13 cases under both the pre- and post-1994 versions of the Code and under both the pre- and post-1996 versions of the Bankruptcy Rules for some time. The 1994 amendments are particularly important to Chapter 13 practice because § 502(b)(9) defined, for the first time, a statutory deadline for the filing of timely proofs of claim by governmental units and a consequence for untimely filing by any creditor.3
1 See, e.g., 11 U.S.C. § 502(b)(9), as amended by Bankruptcy Reform Act of 1994, Pub. L. No. 103-394, § 213, 108 Stat. 4106 (1994).
2 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Pub. L. No. 109-8, 119 Stat. 23 (2005), further amended 11 U.S.C. § 502(b)(9), and Bankruptcy Rule 3002 was amended accordingly. These amendments are discussed in § 132.2 In General: Filing is Required for Allowance, § 133.5 Tax Claim Exception after BAPCPA and § 135.7 Untimely Filed Claims in Cases Filed after October 22, 1994.
3 See discussion on who should file proofs of claim beginning at § 132.2 In General: Filing is Required for Allowance, § 133.5 Tax Claim Exception after BAPCPA and § 135.7 Untimely Filed Claims in Cases Filed after October 22, 1994.