When may the debtor or trustee file a creditor’s proof of claim?

If a creditor does not file within the time prescribed by Rule 3002(c) or Rule 3003(c), the debtor or trustee may file for that creditor within 30 days after the creditor’s time expires. Establish the actual creditor bar date first. Do not start directly from the order for relief.

Responsible actor. The debtor or trustee filing for a creditor who did not timely file.

Establish the creditor’s actual deadline under Rule 3002(c) or 3003(c), including relevant notices, exceptions and orders.

Check the docket for a timely creditor proof before using the debtor-or-trustee procedure.

Use the established expiry after its own applicable final-day treatment. Do not add 30 to an unadjusted nominal date.

Use only the Rule 3004 debtor-or-trustee procedure after establishing the creditor’s actual expired filing period and nonfiling. The creditor’s own claim and a surety’s Rule 3005 claim are separate acts.

1. Establish the actor, procedure and operative trigger.
2. Exclude the trigger day and count the prescribed calendar days.
3. Apply final-day weekends, legal holidays and established inaccessibility.
4. Verify filing, any separately required service, and actual case directions.

Exclude the established trigger day. Count every calendar day. Move a final Saturday, Sunday or legal holiday to the next qualifying day in the counting direction. No service addition applies to this trigger.

The bundled national holiday calendar supports 2026 and 2027. Count intermediate weekends and holidays. Check additional presidential or congressional holidays, state holidays where the applicable rule includes them, actual clerk inaccessibility and case orders. The calculator does not infer those facts.

Fictitious example

Fictitious ordinary facts establish the expiry of the independently established creditor filing period under rule 3002(c) or rule 3003(c) on August 3, 2026. No exception, different order, local holiday or actual inaccessibility applies.

Fictitious established facts. These examples do not establish the applicable procedure, operative event, valid claim, admissible evidence, granted relief or completed filing and service.

Different responsible actor

Rule 3004 permits the debtor or trustee to file. A surety, endorser, guarantor or other codebtor has its own Rule 3005 procedure.

Upstream creditor deadline

The actual Rule 3002(c) or 3003(c) deadline controls. A governmental or court-set creditor bar date can change this starting event.

Clerk gives notice

After filing, Rule 3004(b) directs the clerk promptly to notify the creditor, debtor and trustee. A date calculation does not establish that notice occurred.

Possible general enlargement

Rule 3004 is not included in Rule 9006(b)(3)’s constrained list. Any general Rule 9006(b)(1) relief requires its good-cause or post-expiry excusable-neglect conditions and actual court action.

No service addition

The period starts from bar-date expiry, not service of notice. Rule 9006(f) supplies no automatic three-day addition to this clock.

• Use only the Rule 3004 debtor-or-trustee procedure after establishing the creditor’s actual expired filing period and nonfiling. The creditor’s own claim and a surety’s Rule 3005 claim are separate acts.
• This is a fixed secondary 30-day period after an independently established creditor-bar-date expiry. The calculator does not determine the upstream bar date or whether the creditor filed.

• Preserve the independently established creditor bar date and supporting notice or order.
• Confirm the creditor did not timely file.
• Confirm the filer is the debtor or trustee.
• Prepare the proof and supporting material under Rule 3001.
• Preserve accepted filing and check the clerk’s Rule 3004(b) notices.
• FRBP 9006(a)(4) ordinarily ends electronic filing at midnight in the court’s time zone and other filing at scheduled clerk closing. A statute, local rule or order can set a different time. Preserve the accepted filing receipt. Sending a paper is not proof of its filing.