Bankr. S.D. Fla. Local Rule 3002-1 — Filing a Proof of Claim or Interest

High confidence· verified September 26, 2026Local Rules

Summary

Bankr. S.D. Fla. Local Rule 3002-1 — Filing a Proof of Claim or Interest: the court's own rule, verbatim from Amended and Restated Local Rules of Practice and Procedure for the United States Bankruptcy Court for the Southern District of Florida (Effective June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Southern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.

Requirement

(a) Presumption of No Assets in an Individual Chapter 7 Case. In an individual chapter 7 case, it is presumed that there are no assets available to pay a dividend. Unless the notice of the § 341 meeting of creditors states otherwise, under Bankruptcy Rule 2002(e) no deadline to file proofs of claim will be set. Upon determining that there may be assets available to pay a dividend, the trustee must file a notice of assets. (b) Exceptions to Time to File a Proof of Claim Under Bankruptcy Rule 3002(c). Notwithstanding Bankruptcy Rule 3002(c), the time to file a proof of claim in a voluntary chapter 7 case and a chapter 12 or 13 case is modified as follows: (1) Meeting of Creditors Not Timely Noticed. In a case where the debtor, the trustee, creditors, and all indenture trustees have not been given at least 21 days’ notice by mail of the § 341 meeting of creditors, a proof of claim is timely if it is filed no later than 70 days after timely service under Bankruptcy Rule 2002(a)(1) of notice of the § 341 meeting of creditors. (2) Dismissal Order Vacated. In a case that was dismissed before the time to file a proof of claim expired and the dismissal order is later vacated, a proof of claim is timely if it is filed no later than 70 days after entry of the order vacating the dismissal order. (c) Serving Copies on an Unrepresented Chapter 13 Debtor. If a debtor in a chapter 13 case is not represented by an attorney, a creditor must serve a copy of its filed proof of claim on the debtor by mail.

Source of truth

(a) Presumption of No Assets in an Individual Chapter 7 Case. In an individual chapter 7 case, it is presumed that there are no assets available to pay a dividend. Unless the notice of the § 341 meeting of creditors states otherwise, under Bankruptcy Rule 2002(e) no deadline to f

Official source: Bankr. S.D. Fla. — Southern District of Florida (U.S. Bankruptcy Court)
Source health: Healthy · checked October 4, 2026
Effective date: June 1, 2026
Last verified: September 26, 2026benchpath-appfed-flrules-2026-09-26

Change history

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