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United States · Bankruptcy claims

When is a proof of claim due in an involuntary Chapter 7 case?

In an involuntary Chapter 7 case, the ordinary proof of claim is timely if filed within 90 days after entry of the order for relief. Rule 3002(c) supplies specific exceptions. Do not substitute petition filing, the creditors’ meeting or the voluntary Chapter 7 70-day period.

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Period
90 calendar days after order-for-relief entry, subject to Rule 3002(c) exceptions
Trigger
Entry of the order for relief in the involuntary Chapter 7 case
Rule
FRBP 3002(a)–(c)
FRBP 3002(a)–(c)

Federal Rules of Bankruptcy Procedure, amended through December 1, 2025. Current official source indexes and original PDF bytes checked.

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Which relief-order entry starts the involuntary claim period?

In an involuntary Chapter 7 case, the ordinary proof of claim is timely if filed within 90 days after entry of the order for relief. Rule 3002(c) supplies specific exceptions. Do not substitute petition filing, the creditors’ meeting or the voluntary Chapter 7 70-day period.

Responsible actor. A creditor filing a proof of claim in an involuntary Chapter 7 case.

Confirm the case is involuntary Chapter 7 and identify the entered order for relief. The petition and order can have different dates.

Read the clerk’s notice and determine whether a Rule 3002(c) exception supplies a different bar date.

Filing a proof of claim is a different act from attending the section 341 meeting.

Use only the ordinary, nonexcepted creditor branch in an involuntary Chapter 7 case. Governmental claims, specified residence claims, no-asset notices and other exceptions require their own rule or actual bar date.

FRBP 3002(a)–(c)

How do I count this established filing period?

  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.

FRBP 9006(a), (b) and (f)

What do independent deadline examples show?

Fictitious example

Fictitious ordinary facts establish the entry of the order for relief in the involuntary chapter 7 case on August 3, 2026. No exception, different order, local holiday or actual inaccessibility applies.

Example counting steps
StepWhat is countedDate
Ordinary established eventCount 90 calendar days forward from the established 2026-08-03 event. The nominal endpoint is 2026-11-01. Exclude final closed days 2026-11-01. The qualifying date is 2026-11-02.Monday, November 2, 2026
Weekend or holiday final dayCount 90 calendar days forward from the established 2026-06-09 event. The nominal endpoint is 2026-09-07. Exclude final closed days 2026-09-07. The qualifying date is 2026-09-08.Tuesday, September 8, 2026
Established material conditionCount 90 calendar days forward from the established 2026-07-06 event. The nominal endpoint is 2026-10-04. Exclude final closed days 2026-10-04. The qualifying date is 2026-10-05.Monday, October 5, 2026
Example resultMonday, November 2, 2026

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

Try these dates in the calculator

Which conditions change this proof-of-claim procedure?

Governmental unit
Rule 3002(c)(1) generally uses 180 days after the order for relief. A claim from a tax return filed under section 1308 has its stated alternative. A governmental extension motion must precede expiry.
Infant or incompetent person
The court may grant an interests-of-justice extension only if it will not unduly delay administration.
Judgment-created unsecured claim
Rule 3002(c)(3) permits specified claims within 30 days after judgment finality, subject to its unsatisfied-liability or unperformed-duty condition.
Rejected contract or lease
A rejection claim may be filed within the time the court sets under Rule 3002(c)(4).
Later dividend after a no-asset notice
After the specified no-asset notice and later dividend prospect, the clerk mails at least 90 days’ notice. File by the actual date stated in that notice.
Principal-residence security interest
Rule 3002(c)(6) has a 70-day proof and specified attachments requirement, with identified supplemental attachments within 120 days. Do not apply the ordinary 90-day preset to this branch.
Insufficient notice relief
On a creditor’s motion before or after expiry, the court may allow no more than 60 days from its order if notice was insufficient to give a reasonable filing time. This is not 60 days automatically added to the original bar date.
Restricted extension power
Rule 9006(b)(3)(A) limits enlargement under Rule 3002(c) to that rule’s own extent and conditions. Generic excusable neglect is not a substitute for those conditions.
FRBP 3002(a)–(c)
  • Use only the ordinary, nonexcepted creditor branch in an involuntary Chapter 7 case. Governmental claims, specified residence claims, no-asset notices and other exceptions require their own rule or actual bar date.
  • The ordinary involuntary Chapter 7 branch has a fixed 90-day period. The claimant, case type, actual entry and every applicable Rule 3002(c) exception must be established first.

What must I file and verify?

Questions about when is a proof of claim due in an involuntary chapter 7 case

When is a proof of claim due in an involuntary Chapter 7 case?

Does the involuntary petition start the 90 days?

No. Rule 3002(c) uses entry of the order for relief in an involuntary Chapter 7 case.

FRBP 3002(a)–(c)

Is the Chapter 7 deadline always 70 days?

No. The ordinary involuntary Chapter 7 period is 90 days after relief-order entry. The ordinary voluntary branch is different.

FRBP 3002(a)–(c)

Can every creditor use this 90-day calculator?

No. Check all Rule 3002(c)(1) through (7) exceptions, including governmental claims and specified principal-residence security interests.

FRBP 3002(c)(1)–(7)

What if the case was originally noticed as no asset?

Rule 3002(c)(5) provides a later clerk-notice procedure when a dividend becomes possible. Use the deadline stated in the qualifying notice.

FRBP 3002(c)(5)

Does excusable neglect automatically extend the bar date?

No. Rule 9006(b)(3)(A) allows enlargement only within Rule 3002(c)’s own extent and conditions.

FRBP 9006(b)(3)(A)

Is insufficient-notice relief 60 days after the old deadline?

No. If Rule 3002(c)(7) relief is granted, the permitted extension is no more than 60 days from the court’s order.

FRBP 3002(c)(7)

Official sources and review

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
FRBP 3002(a)–(c)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 9006(a), (b) and (f)Count in the applicable direction and review final-day weekends, legal holidays, inaccessibility and extension limits
FRBP 5005(a)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 3002(c)(1)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 3002(c)(2)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 3002(c)(3)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 3002(c)(4)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 3002(c)(5)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 3002(c)(6)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 3002(c)(7)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 9006(b)(3)(A)The identified act, trigger, conditions, filing boundary and edition qualification
FRBP 3002(c)(1)–(7)The identified act, trigger, conditions, filing boundary and edition qualification
Read the official controlling provision

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