§ 39.15     Bankruptcy Rule 3004: Filing of Claims by Debtor
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 39.15, at ¶ ____, LundinOnChapter13.com (last visited __________).
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A Chapter 13 debtor can file a proof of claim on behalf of a creditor that fails to file a proof of claim.1 The filing of a claim by the debtor may be strategically important to deal with creditors that fail or refuse to participate in the Chapter 13 plan. Rule 3004 was amended in 2005 to conform the Rule to § 501(c) of the Code.2


 

1  See §§ 56.2 [ Review Claims, Object to Claims and File Proofs of Claim ] § 51.5  Review Claims, Object to Claims and File Proofs of Claim, 285.1 [ Timing, Form, Superseding and Amended Claims ] § 134.1  Timing, Form, Superseding and Amended Claims before 2005 and 286.1 [ Strategic Considerations: When to File Claims for Creditors ] § 134.3  Strategic Considerations: When to File Claims for Creditors.

 

2  See § 511.1 [ Filing of Claims by Debtor or Trustee: New Rule 3004 ] § 134.2  Filing of Claims by Debtor or Trustee after 2005 Amendments to Bankruptcy Rule 3004.