Order Fixing Time For Filing Proofs Of Claim {NM LF 3003}

NM LF 3003 Note Regarding Use of this Order. This Court typically will enter an order in the attached form in chapter 11 cases on motion of the Debtor and without notice. Although an order in this form is not mandatory in all chapter 11 cases, it ordinarily should be used. If counsel have made proposed edits to the order, counsel should provide the Court with a redlined or blacked-lined copy of the submitted order marked against the form of order set forth below. The Court does not regard it necessary to set a bar date for filing proofs of interest in individual debtor chapter 11 cases. If no bar date is fixed for filing proofs in interest, the order and attachments should be revised accordingly. UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: Case No. Debtor(s). ORDER FIXING TIME FOR FILING PROOFS OF CLAIM AND INTERESTS This matter came before the Court on the Debtor222s Motion for Order Setting Bar Date, filed , docket # (the 223Motion224). The Court finds that the Motion is well taken and should be granted. IT IS ORDERED: American LegalNet, Inc. www.FormsWorkFlow.com -2- 1. General Bar Date. Except as provided in paragraphs 2, 3, 4 and 5, the last date for filing proofs of claim and interests (the 223General Bar Date224) is fixed, in accordance with Bankruptcy Rule 3003(c)(3), as a date certain that is at least 45 days after the date of service of notice of the General Bar Date. Debtor must select a date that does not fall on a Saturday, Sunday, or legal holiday. The Debtor shall give notice of the General Bar Date using the form attached hereto as Exhibit A (the 223Bar Date Notice224). Further, Debtor, when giving notice of the General Bar Date, shall give a specific notice, using the form attached hereto as Exhibit B (the 223Disputed Claim Notice224), to each creditor whose claim is scheduled as disputed, contingent, and/or unliquidated, that its claim has been scheduled as such and that it will receive no distribution under any chapter 11 plan or be entitled to vote on such a plan unless the creditor timely files a proof of claim. 2. Executory Contracts and Avoidance Actions. The last day for filing proofs of claim arising from the rejection of an executory contract or unexpired lease, and/or the recovery of a voidable transfer, pursuant to Bankruptcy Code 247247 502(g) and 502(h), respectively, is the later of (i) the General Bar Date; or (ii) 30 days after the mailing to the claimant of notice of entry of an order approving the rejection of such executory contract or unexpired lease, or the avoidance of such transfer, with a copy of the Bar Date Notice. 3. Governmental Units. The last day for filing proofs of claim of a governmental unit, pursuant to Bankruptcy Code 247502(b)(9), is the later of (i) the General Bar Date; or (ii) 180 days after the date of order for relief. 4. Schedule Amendments. If the Debtor amends its bankruptcy schedules and the amendment reduces the liquidated amount of a scheduled claim, or reclassifies a claim scheduled as undisputed, liquidated, and non-contingent to a disputed, unliquidated, and/or contingent American LegalNet, Inc. www.FormsWorkFlow.com -3- claim, then the claimant affected by such amendment is permitted to file proof of such claim on or before the later of (i) the General Bar Date or (ii) 30 days after the mailing of notice of such amendment to such claimant with a copy of the Bar Date Notice AND The Disputed Claim Notice, but only to the extent such proof of claim does not exceed the amount scheduled for such claim prior to such amendment. This extended claims bar date does not apply if an amendment to the Schedules increases the claim deemed filed under 11 U.S.C. 2471111(a) or if the creditor previously filed a proof of claim on or before the General Bar Date. 5. Claims Allowed by Court Order; Administrative Expenses. The General Bar Date shall not apply to any particular types of pre-petition claims that this Court specifically authorizes to be paid, by order entered prior to the General Bar Date, or to administrative expenses arising under Bankruptcy Code 247247 330(a), 331, 364, 503, 507(a)(1), 507(a)(2), or 507(b). ###END OF ORDER### Submitted by: Name Attorney for Debtor(s) Address Telephone Email American LegalNet, Inc. www.FormsWorkFlow.com -4- Exhibit A UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: Case No. Debtor(s). NOTICE OF DEADLINE FOR FILING PROOFS OF CLAIM AND INTERESTS 1. General Claims Bar Date. If you assert a claim against or interest in the Debtor, to preserve your right to be treated as a creditor or interest holder with respect to such claim or interest, for the purposes of voting and distribution, you must file a Proof of Claim by (date) [USE BOLD] (the 223General Bar Date224) in the following circumstances: (i) If your claim or interest has not been listed in the Debtor222s bankruptcy schedules (223Schedules224); (ii) If you disagree with the amount of the claim or interest set forth in the Schedules; (iii) If the Debtor scheduled your claim as disputed, contingent and/or unliquidated; (iv) To preserve an unsecured deficiency claim if such claim is not scheduled or is scheduled as disputed, contingent, and/or unliquidated; (v) If you believe your claim is entitled to priority under the Bankruptcy Code, and the Debtor did not so schedule your claim. Any Proof of Claim or Interest timely filed by a creditor or interest holder will supersede any scheduled claim or interest. If your claim is scheduled as disputed, contingent, and/or unliquidated, the Debtor is required to so notify you. 2. Bar Date for Interests. [If applicable]: If you are an equity security holder of the Debtor, such as a stockholder, to preserve your right to be treated as an equity security holder with respect to such interest you must file a Proof of Interest by the General Bar Date. 3. Bar Date for Governmental Units. If you are a governmental unit, the last day for filing proofs of claim is the later of i) the General Claims Bar Date; or (ii) 180 days after the date of the order of relief. American LegalNet, Inc. www.FormsWorkFlow.com -5- 4. Claims Filed After Amended Schedules Are Filed. If the Debtor amends the Schedules and the amendment reduces the liquidated amount of a scheduled claim or reclassifies a scheduled undisputed, liquidated, and non-contingent claim to a disputed, unliquidated, and/or contingent claim, then the claimant affected by such amendment shall be permitted to file proof of such claim only on or before the later of (i) the General Bar Date and (ii) 30 days after the mailing of notice of such amendment to such claimant with a copy of this Notice, but only to the extent such proof of claim, if filed after the General Bar Date, does not exceed the amount scheduled for such claim prior to such amendment. This extended claims bar date does not apply if an amendment to the Schedules increases the claim deemed filed under 11 U.S.C. 2471111(a) or if the creditor previously filed a proof of claim before the General Bar Date. 5. Claims Arising from Rejection of a Contract or Lease or Avoidance of a Transfer. The last day for filing proofs of claim arising from the rejection of an executory contract or unexpired lease, and/or the recovery of a voidable transfer, pursuant to Bankruptcy Code Sections 502(g) and 502(h) respectively, is the later of (i) the General Bar Date; or (ii) 30 days after the mailing to the claimant of notice of entry of an order approving the rejection of such executory contract or unexpired lease, or the avoidance of such transfer, with a copy of this Notice. 6. Consequences of Failing to File a Proof of Claim or Interest Timely. If you are required but fail to file a Proof of Claim or Interest timely, and your claim or interest is not scheduled, is scheduled for $0.00, or is scheduled as disputed, contingent or unliquidated in the Schedules, with very limited exceptions: (a) your claim or interest will be barred, and you will not participate in the Debtor222s estate or receive any distribution under any plan or plans of reorganization filed in this chapter 11 case; (b) you shall be forever barred from voting with respect to