Bankr. N.D. Fla. Loc. R. 3002-1 — Collateral Recovery and Deficiency Claims in Chapter 13

High confidence· verified September 26, 2026Local Rules

Summary

Bankr. N.D. Fla. Loc. R. 3002-1 — Collateral Recovery and Deficiency Claims in Chapter 13: the court's own rule, verbatim from UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF FLORIDA Local Rules (EFFECTIVE DATE: February 26, 2024), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Northern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.

Requirement

(A) Upon confirmation of a Chapter 13 Plan that provides for surrender of collateral: (1) The creditor shall have sixty (60) days from confirmation of the Chapter 13 Plan to amend a timely filed proof of claim regarding any unsecured deficiency balance that may occur upon the sale of the subject collateral if the collateral consists of personal property that was not liquidated within the claims bar date period. (2) The creditor shall have ninety (90) days from confirmation of a Chapter 13 Plan to amend a timely filed proof of claim regarding any unsecured deficiency balance that may occur upon the sale of the subject collateral if the collateral consists of real property that was not liquidated within the claims bar date period. (3) The time periods provided above may be extended by Court Order upon the creditor filing an appropriate Motion stating the circumstances necessitating a need for a longer period of time and an estimated deficiency. (4) If the creditor does not file an amended proof of claim asserting a deficiency balance within the given time period and does not file a timely Motion to Extend the Time, then the claim will be automatically disallowed and the Chapter 13 Trustee shall make no disbursement on such claim. (5) If the Chapter 13 Plan provides for the surrender of collateral, that plan shall constitute the debtor(s)’ consent to the immediate termination of the automatic stay. (B) If a Chapter 13 Plan does not provide for the surrender of property: (1) If the collateral consists of personal property that was not liquidated prior to the claims bar date, the secured creditor shall have sixty (60) days from the date of an Order terminating the automatic stay to amend a timely filed proof of claim regarding any unsecured deficiency balance that may occur upon the sale of the subject collateral. (2) If the collateral consists of real property that was not liquidated prior to the claims bar date, the secured creditor shall have ninety (90) days from the date of an Order terminating the automatic stay to amend a timely filed proof of claim regarding any unsecured deficiency balance that may occur upon the sale of the subject collateral. (3) The time periods provided above may be extended by Court Order upon the creditor filing an appropriate Motion stating the circumstances necessitating a need for a longer period of time and an estimated deficiency. (4) If no amended unsecured proof of claim is filed within the given time period and no Motion to Extend the Time is filed, any claim filed outside the time limits set forth in this rule will be automatically disallowed and the Chapter 13 Trustee shall make no disbursement on such claim unless a Motion and Order allowing the filing of the claim has been entered.

Source of truth

(A) Upon confirmation of a Chapter 13 Plan that provides for surrender of collateral: (1) The creditor shall have sixty (60) days from confirmation of the Chapter 13 Plan to amend a timely filed proof of claim regarding any unsecured deficiency balance that may occur upon the sal

Official source: Bankr. N.D. Fla. — Northern District of Florida (U.S. Bankruptcy Court)
Source health: Healthy · checked October 4, 2026
Effective date: February 26, 2024
Last verified: September 26, 2026benchpath-appfed-flrules-2026-09-26

Change history

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