United States · Federal bankruptcy
When is an ordinary bankruptcy proof of claim due in a voluntary Chapter 7, 12 or 13 case?
An ordinary nongovernmental proof of claim in a voluntary Chapter 7, 12 or 13 case is normally timely within 70 days after the order for relief. Rule 3002(c) also names entry of an order converting a case to Chapter 12 or 13.
- Period
- 70 calendar days
- Trigger
- Order for relief, or applicable conversion order to Chapter 12 or 13
- Rule
- FRBP 3002(c)
December 1, 2025 compilation
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Which date starts this period?
Rule 3002(c) measures the ordinary period from the order for relief. For conversion to Chapter 12 or 13, the rule identifies entry of the conversion order.
A petition date, conversion date and later asset notice can differ. Identify the operative event from the docket and notices before counting.
The calculator does not select among governmental, involuntary, rejected-contract, insufficient-notice or later-asset branches. Those routes require their separate rule or order.
FRBP 3002(c)How is the 70-day period counted?
- Use the operative order date. Check that the creditor and case qualify for the ordinary 70-day period.
- Exclude that day.
- Count 70 calendar days.
- A final Saturday, Sunday or legal holiday carries the period to the next day that is not. State holidays and clerk inaccessibility require separate checks.
The 70 days are calendar days under Rule 9006(a), not 70 working days. The deadline can move when the final day is closed under the rule.
Rule 9006(a)What does a worked calculation look like?
Fictitious example
A qualifying voluntary case has an August 4 order for relief and no applicable exception. August 5 through August 31 supplies 27 days. September supplies 30 more, reaching 57. October 1 through October 13 supplies 13, reaching 70.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Order for relief, or applicable conversion order to Chapter 12 or 13 | August 4, 2026 |
| Count | 70 calendar days after the trigger | October 13, 2026 |
Fictitious dates. No additional state holiday, closure or case order is assumed.
Try these dates in the calculatorCan an exception or order change the deadline?
- Different creditor or case
- Governmental units normally have 180 days. An involuntary Chapter 7 case normally uses 90 days. Chapter 9 and 11 claims follow Rule 3003.
- Later notice of assets
- After an insufficient-assets notice, Rule 3002(c)(5) requires at least 90 days’ notice if a dividend appears possible. Follow the date in that notice.
- Special claim or insufficient notice
- Judgment-created claims, rejected contracts or leases, principal-residence attachments and insufficient-notice extensions have separate Rule 3002(c)(3), (4), (6) and (7) conditions.
- The calculator applies the stated ordinary period. It does not infer a court order or choose the applicable procedural branch.
What should I check before filing?
Common questions
The procedure and starting event
Can conversion to Chapter 12 or 13 supply the trigger?
Yes. Rule 3002(c) identifies entry of the order converting to Chapter 12 or 13 alongside the order-for-relief trigger. Confirm the applicable conversion order.
Rule 3002(c)Does the government use these same 70 days?
A governmental unit normally has 180 days under Rule 3002(c)(1). Tax-return claims have an additional statutory trigger. This preset does not calculate those periods.
Rule 3002(c)(1)What about an involuntary Chapter 7 case?
Rule 3002(c) gives an involuntary Chapter 7 claim an ordinary 90-day period after entry of the order for relief. Do not use this 70-day preset.
Rule 3002(c)Exceptions and filing
What if creditors were first told there were insufficient assets?
A later notice that a dividend appears possible follows Rule 3002(c)(5). The clerk must give at least 90 days’ notice and state the filing date.
Rule 3002(c)(5)Can insufficient notice support an extension?
Under Rule 3002(c)(7), a creditor may move before or after expiry. The court may extend by no more than 60 days from its order if the specified insufficient-notice condition is met.
Rule 3002(c)(7)Do principal-residence claim attachments all share the 70-day date?
Rule 3002(c)(6) distinguishes the claim and certain attachments due within 70 days from the supplementary attachments due within 120 days.
Rule 3002(c)(6)Do intermediate weekends and holidays count?
Rule 9006(a)(1)(B) counts every intermediate day, including weekends and legal holidays. Its final-day treatment is a separate step.
Rule 9006(a)What if the clerk’s office is inaccessible on the last day?
Unless the court orders otherwise, Rule 9006(a)(3)(A) extends a filing due that day to the first accessible day that is not a Saturday, Sunday or legal holiday.
Rule 9006(a)(3), (4) and (6)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Rule 3002(b) and (c) | Filing district, ordinary 70-day period and operative orders |
| Rule 3002(c)(1)-(7) | Governmental and other special claim periods and extension conditions |
| Rule 9006(a) | Calendar-day computation and final-day treatment |
| Rule 9006(a)(3), (4) and (6) | Clerk inaccessibility, filing cutoff and applicable legal holidays |