Rule 3001-1.     Claims and Equity Security Interests - General

          (a)     Asset Cases. In all chapter 11, 12 and 13 cases, and in a chapter 7 case noticed as an asset case, any entity filing a proof of claim shall properly identify the case to which such claim relates by stating the applicable case name and number assigned thereto. Proofs of claim, including any required documentation, should be filed in numbers as set forth in the notice fixing the deadline to file proofs of claim. If claimant desires a time-stamped copy, an additional proof of claim should be submitted along with a stamped, self-addressed envelope. Wage claims shall contain the claimant's social security number.

          (b)     No Asset Cases. In a chapter 7 case noticed as a no asset case, no proof of claim shall be filed. Any proof of claim filed in a chapter 7 case designated as a no asset case may be returned by the clerk without filing.
 
 


Comment

          The filing of claim forms in duplicate facilitates the payment of dividends. The clerk retains the original proof of claim and the trustee, who oversees distribution, retains a copy. Proper identification of the debtor estate by name and number is essential for the clerk to properly process a claim being asserted.

          Proofs of claim in chapter 7 cases will only be accepted in a case noticed as an asset case. At the time of filing, if it appears that there are no assets from which a distribution can be paid to creditors, the case shall be designated as "no asset." The notice to creditors will direct creditors not to file a proof of claim unless and until a subsequent notice is received. If it should later develop that the trustee uncovers assets from which a dividend might be paid, the designation of the case will be changed from no asset to an asset case. In that event, the clerk will notify all creditors of a deadline set for the filing of proofs of claim and creditors must then file claims on or before the deadline.