(a)
List of creditors and equity security holders, and corporate ownership statement
(1) Voluntary case. In a voluntary case, the debtor shall file with the application a list containing the name and address of each creditor unless the application is accompanied by a schedule of liabilities. If the debtor is a corporation, the debtor shall file with the application a corporate ownership statement containing the information described in Rule 7007.1. The debtor shall file a supplemental statement promptly upon any change in circumstances that renders the corporate ownership statement inaccurate.
(2) Involuntary case. In an involuntary case, the debtor shall file within 15 days after entry of the order for relief under Rule 1013(b), a list containing the name and address of each creditor unless a schedule of liabilities has been filed.
(3) Equity security holders. In a chapter 3 reorganization case, unless the court orders otherwise, the debtor shall file within 15 days after entry of the order for relief a list of the debtor's equity security holders of each class showing the number and kind of interests registered in the name of each holder, and the last known address or place of business of each holder.
(4) Extension of time. Any extension of time for the filing of the lists required by this subdivision may be granted only on motion for cause shown and on notice to any receiver appointed under 201 of Title 31 or any trustee appointed under 302 of Title 31, or other party as the court may direct.(4) Extension of time. Any extension of time for the filing of the lists required by this subdivision may be granted only on motion for cause shown and on notice to any receiver appointed under 201 of Title 31 or any trustee appointed under 302 of Title 31, or other party as the court may direct.
(b)
Schedules and statements required. The debtor, unless the court orders otherwise, shall file schedules of assets and liabilities, a schedule of current income and expenditures, a schedule of
executors contracts and unexpired leases, and a statement of financial affairs, prepared as prescribed by the appropriate Official Forms.
(c)
Time limits The schedules and statements shall be filed with the application in a voluntary case, or if the application is accompanied by a list of all the debtor's creditors and their addresses, within 15 days thereafter, except as otherwise provided in subdivisions (d), (e), (f), and (h). In an involuntary case, the schedules and statements shall be filed by the debtor within 15 days after entry of the order for relief under Rule 1013(b). Schedules and statements filed before the conversion of a case to another chapter shall be deemed filed in the converted case unless the court directs otherwise. Any extension of time for the filing of the schedules and statements may be granted only on motion for cause shown and on notice to the trustee, receiver, or other party as the court may direct. Notice of an extension must be given to the receiver or trustee and to any other party as the court may direct.
(d) List of 20 largest creditors in chapter 3 reorganization case. In addition to the list required by subdivision (a), a debtor in a voluntary chapter 3 reorganization case shall file with the application a list containing the name, address and claim of the creditors that hold the 20 largest unsecured claims, excluding insiders, as prescribed by the appropriate Official Form. In an involuntary chapter 3 reorganization case, this list shall be filed by the debtor within 2 days after entry of the order for relief under Rule 1013(b).
(e) Statement of social security
number. An individual debtor shall submit a verified statement that sets out the debtor's social security number, or states that the debtor does not have a social security number. In a voluntary case, the debtor shall submit the statement with the application. In an involuntary case, the debtor shall submit the statement within 15 days after the entry of the order for relief.
(f) Partnership and partners. The general partners of a debtor partnership shall prepare and file the schedules of the assets and liabilities, schedule of current income and expenditures, schedule of
executors contracts and unexpired leases, and statement of financial affairs of the partnership. The court may order any general partner to file a statement of personal assets and liabilities within such time as the court may fix.
(g) Interests acquired or arising after
application. If the debtor acquires or becomes entitled to acquire any interest in property, the debtor must within 10 days after the information comes to the debtor's knowledge or within such further time the court may allow, file a supplemental schedule in the case. If any of the property required to be reported under this subdivision is claimed by the debtor as exempt, the debtor shall claim the exemptions in the supplemental schedule. The duty to file a supplemental schedule in accordance with this subdivision continues notwithstanding the case's closing, except that the schedule need not be filed in a chapter 3 case with respect to property acquired after entry of the order confirming a chapter 3 plan.
(h) Disclosure of list of security
holders. After notice and hearing and for cause shown, the court may direct an entity other than the receiver, debtor or trustee to disclose any list of security holders of the debtor in its possession or under its control, indicating the name, address and security held by any of them. The entity possessing this list may be required either to produce the list or a true copy thereof, or permit inspection or copying, or otherwise disclose the information contained on the list.
(I) Impounding of
lists. On an interested party's motion and for cause shown the court may direct the impounding of the lists filed under this rule, and may refuse to permit inspection by any entity. The court may permit inspection or use of the lists, however, by any interested party on terms prescribed by the court.
(j) Preparation of list, schedules, or statements on default of debtor. If a list, schedule, or statement is not prepared and filed as required by this rule, the court may order the receiver, trustee, an applying creditor, or other party to prepare and file any of these papers within a time fixed by the court. The court may approve reimbursement of the cost incurred in complying with the order as an administrative expense.
(k) Infants and Incompetent
Persons. If the debtor knows that a person on the list of creditors or schedules is an infant or incompetent person, the debtor also shall include the name, address, and legal relationship of any person upon whom process would be served in an adversary proceeding against the infant or incompetent person in accordance with Rule 7004(b)(2).
Rule 1008.
Verification of Applications and Accompanying Papers
All applications, lists, schedules, statements, and amendments thereto shall be verified.
Rule 1009.
Amendments of Voluntary Applications, Lists, Schedules and Statements
The debtor may amend a voluntary application, list, schedule, or statement as a matter of course at any time before the case is closed. The debtor shall give notice of the amendment to the receiver or trustee and to any entity affected thereby. On an interested party's motion, after notice and a hearing, the court may order any voluntary application, list, schedule, or statement.
Rule 1010.
Service of Involuntary Application and Summons
On the filing of an involuntary application, the clerk shall forthwith issue a summons for service. Service must be made on the debtor. The summons shall be served with a copy of the application in the manner provided for service of a summons and complaint by Rule 7004(a) or (b). If service cannot be so made, the court may order that the summons and application be served by mailing copies to the party's last known address, and by at least one publication under Rule 9008 in a manner and form directed by the court. The summons and application may be served on the party anywhere. Rule 7004(e) and FSM Civil Procedure Rule 4(g) and (h) apply when service is made or attempted under this rule.
Rule 1011.
Responsive Pleading or Motion in Involuntary Cases
(a)
Who may contest application. The debtor named in an involuntary application may contest the application. In the case of an application against a partnership under Rule 1004, a
no applying general partner, or a person who is alleged to be a general partner but denies the allegation, may contest the application.
(b) Defenses and objections; when
presented. Defenses and objections to the application shall be presented in the manner prescribed by FSM Civil Procedure Rule 12 and shall be filed and served within 20 days after service of the summons, except that if service is made by publication on a party or partner not residing or found within the state in which the court sits, the court shall prescribe the time for filing and serving the response.
(c) Effect of
motion. Service of a motion under FSM Civil Procedure Rule 12(b) shall extend the time for filing and serving a responsive pleading as permitted by FSM Civil Procedure Rule 12(a).
(d) Claims against
applicants. A claim against an applying creditor may not be asserted in the answer except for the purpose of defeating the application.
(e) Other pleadings. No other pleadings shall be permitted, but the court may order a reply to an answer and prescribe the time for filing and service.
Rule 1013.1.
Hearing and Disposition of Application in Involuntary Cases
(a) Contested
application. The court shall determine the issues of a contested application at the earliest practicable time and forthwith enter an order for relief, dismiss the application, or enter any other appropriate order.
(b)
Default. If no pleading or other defense to an application is filed within the time provided by Rule 1011, the court, on the next day, or as soon thereafter as practicable, shall enter an order for the relief requested in the application.
Rule 1014.
Dismissal and Change of Venue
(a) Dismissal and Transfer of cases.
(1) Cases filed in proper state. If an application is filed in a proper state, on an interested party's timely motion, and after hearing on notice to the applicants and other entities as directed by the court, the case may be transferred to any other state if the court determines that the transfer is in the interest of justice or for the parties' convenience.
(2) Cases filed in improper state. If an application is filed in an improper state, on an interested party's timely motion and after hearing on notice to the applicants and other entities as directed by the court, the case may be dismissed or transferred to any other state if the court determines that transfer is in the interest of justice or for the convenience of the parties.
(b) Procedure when applications involving the same debtor or related debtors are filed in different
states. If applications starting cases under Title 31 are filed in different states by or against (1) the same debtor, or (2) a partnership and one or more of its general partners, or (3) two or more general partners, or (4) a debtor and an affiliate, on motion filed in the state in which the application filed first is pending and after hearing on notice to the applicants and other entities as directed by the court, the court may determine, in the interest of justice or for the convenience of the parties, the state or states in which the case or cases should proceed. Except as otherwise ordered by the court in the state in which the application filed first is pending, the proceedings on the other applications shall be stayed by the courts in which they have been filed until the determination is made.
Rule 1015.
Consolidation of Cases Pending in Same State
(a) Cases involving same
debtor. If two or more applications are pending in the same state by or against the same debtor, the court may order consolidation of the cases.
(b) Cases involving two or more related debtors. If a joint application or two or more applications are pending in the same court by or against (1) a husband and wife, or (2) a partnership and one or more of its general partners, or (3) two or more general partners, or (4) a debtor and an affiliate, the court may order a joint administration of the estates. Before entering an order, the court shall give consideration to protecting creditors of different estates against potential conflicts of interest. An order directing joint administration of individual cases of a husband and wife shall, if one spouse has elected the exemptions under 209(1) of Title 31 and the other has elected the exemptions under 209(2), fix a reasonable time within which either may amend the election so that both shall have elected the same exemptions. The order shall notify the debtors that unless they elect the same exemptions within the time fixed by the court, they will be deemed to have elected the exemptions provided by 209(2).
(c) Expediting and protective orders. When an order for consolidation or joint administration of two or more cases is entered under this rule, while protecting the rights of the parties under Title 31, the court may enter orders as may tend to avoid unnecessary costs and delay.
Rule 1016.
Death or
Incompetence of Debtor
The debtor's death or
incompetence shall not abate a liquidation case under chapter 2 of Title 31. In such event, the estate shall be administered and the case concluded in the same manner, so far as possible, as though the death or
incompetence had not occurred.
Rule 1017.
Dismissal or Conversion of Case; Suspension
The debtor's death or
incompetence shall not abate a liquidation case under chapter 2 of Title 31. In such event, the estate shall be administered and the case concluded in the same manner, so far as possible, as though the death or
incompetence had not occurred.
(a)
Voluntary dismissal; dismissal for want of prosecution or other cause.
A case shall not be dismissed on the applicant's motion, or for want of prosecution, or other cause, or by the parties' consent before a hearing on notice as provided in Rule 2002. For such notice the debtor shall file a list of all creditors with their addresses within the time fixed by the court unless the list was previously filed. If the debtor fails to file the list, the court may order the preparing and filing by the debtor or other entity.
(b) Dismissal for failure to pay filing fee.
(1) For failure to pay any installment of the filing fee, the court may after hearing on notice to the debtor and the trustee dismiss the case.
(2) If the case is dismissed or the case closed without full payment of the filing fee, the installments collected shall be distributed in the same manner and proportions as if the filing fee had been paid in full.
(3) Notice of dismissal for failure to pay the filing fee must be given within 30 days after the dismissal to creditors appearing on the list of creditors and to those who have filed claims, in the manner provided in Rule 2002.
(c)
Suspension. A case shall not be dismissed or proceedings suspended under Rule 5011 before a hearing on notice as provided in Rule 2002(a).
(d) Procedure for dismissal or conversion .A proceeding to dismiss a case or convert a case to another chapter of Title 31, is governed by Rule 9014. Conversion or dismissal shall be on motion filed and served as required by Rule 9013.
(e) Dismissal of individual debtor's chapter 2 case for substantial abuse. The court may dismiss an individual debtor's case for substantial abuse only on the receiver's motion or on the court's own motion and after a hearing on notice to the debtor, the receiver, and any other entities as the court directs.
Rule 1018.
Contested Involuntary Applications; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings
The following rules in Part VII apply to all proceedings relating to a contested involuntary application and to all proceedings to vacate an order for relief: Rules 7005, 7008-7010, 7015, 7016, 7024-7026, 7028-7037, 7052, 7054, 7056, and 7062, except as otherwise provided in Part I of these rules and unless the court otherwise directs. The court may direct that other rules in Part VII shall also apply. For the purposes of this rule a reference in the Part VII rules to adversary proceedings shall be read as a reference to proceedings relating to a contested involuntary application or proceedings to vacate an order for relief. Reference in the FSM Rules of Civil Procedure to the complaint shall be read as a reference to the application.
Rule 1019.
Conversion of Chapter 3 Reorganization Case to Chapter 2 Liquidation Case
When a chapter 3 case has been converted or reconverted to a chapter 2 case:
(1) Filing of lists, inventories, schedules, statements. Lists, inventories, schedules, and statements of financial affairs theretofore filed shall be deemed to be filed in the chapter 2 case, unless the court directs otherwise. If they have not been previously filed, the debtor shall comply with Rule 1007 as if an order for relief had been entered on an involuntary application on the date of the entry of the order directing that the case continue under chapter 2.
(2) New filing periods. A new time period for filing claims, a complaint objecting to discharge, or a complaint to obtain a determination of
discharge ability of any debt shall start under Rules 3002, 4004, or 4007, except a new time period shall not start if a chapter 2 case had been converted to a chapter 3 case and thereafter reconverted to a chapter 2 case and the time for filing claims, a complaint objecting to discharge, or a complaint to obtain a determination of the
discharge ability of any debt, or any extension thereof, expired in the original chapter 2 case.
(3) Claims filed before conversion. All claims actually filed by a creditor before conversion of the case are deemed filed in the chapter 2 case.
(4) Turnover of records and property. After qualification of, or assumption of duties by the chapter 2 receiver, any debtor in possession or trustee previously acting in the chapter 3 case shall, forthwith, unless otherwise ordered, turn over to the chapter 2 receiver all records and property of the estate in the possession or control of the debtor in possession or trustee.
(5) Filing final report and schedule of
post application debts.
(a) Conversion of Chapter 3 case. Unless the court directs otherwise, if a chapter 3 case is converted to chapter 2, the debtor in possession or, if the debtor is not a debtor in possession, the trustee serving at the time of conversion, shall not later than 15 days after conversion of the case, file a schedule of unpaid debts incurred after the application's filing and before conversion of the case, including the name and address of each holder of a claim.;
(b) Conversion after confirmation of a plan. Unless the court orders otherwise, if a chapter 3 case is converted to chapter 2 after confirmation of a plan, the debtor shall file:
(i) a schedule of property not listed in the final report and account acquired after the application's filing but before conversion.
(ii) a schedule of unpaid debts not listed in the final report and account incurred after confirmation but before the conversion; and
(iii) a schedule of
executors contracts and unexpired leases entered into or assumed after the application's filing but before conversion.
(6) Filing of
post application claims; notice. On the filing of the unpaid debts schedule, the clerk, or some other person as the court may direct, shall give notice to those entities, including the Federated States of Micronesia, any state, or any subdivision thereof, that their claims may be filed under Rules 3001(a)-(d) and 3002. Unless a notice of insufficient assets to pay a dividend is mailed under Rule 2002(e), the court shall fix the time for filing claims arising from the rejection of
executors contracts or unexpired leases under 202(1)(c) of Title 31.
Rule 2001.
Appointment of Interim Receiver Before Order for Relief in a Chapter 2 Liquidation Case
(A) Appointment. At any time after the start of an involuntary liquidation case and before an order for relief, the court on an interested party's written motion may order the appointment of an interim receiver. The motion shall set forth the necessity for the appointment and may be granted only after hearing on notice to the debtor, the applying creditors, and other interested parties as the court may designate.
(b) Movant's bond. An interim receiver may not be appointed under this rule unless the movant furnishes a bond in an amount approved by the court, conditioned to indemnify the debtor for costs, attorney's fee, expenses, and damages.
(c) Appointment Order. The order directing the appointment of an interim receiver shall state the reason the appointment is necessary and shall specify the receiver's duties.
(d) Turnover and report. After qualification of the receiver selected under 201(1) of Title 31, the interim receiver, unless otherwise ordered, shall (1) forthwith deliver to the receiver all of the estate's records and property in the interim receiver's possession or control and, (2) within 30 days thereafter file a final report and account.
Rule 2002.
Notices to Creditors, Equity Security Holders, and Federated States of Micronesia
When a chapter 3 case has been converted or reconverted to a chapter 2 case:
(a) Twenty-day notices to interested parties. Except as provided in subdivisions (h), (i), and (k), the clerk, or some other person as the court may direct, shall give the debtor, the trustee, all creditors and indenture trustees at least 20 days' notice by mail of:
(1) the creditors' meeting under 308 of Title 31, which notice, unless the court orders otherwise, shall include the debtor's employer identification number and any other FSM taxpayer identification number;
(2) a proposed use, sale, or lease of property of the estate other than in the ordinary course of business, unless the court for cause shown shortens the time or directs another method of giving notice;
(3) the hearing on approval of a compromise or settlement of a controversy other than approval of an agreement under Rule 4001(d), unless the court for cause shown directs that notice not be sent;
(4) the hearing on the case's dismissal or the conversion of the case to another chapter;
(5) the time fixed to accept or reject a proposed modification of a plan;
(6) a hearing on any entity's request for compensation or reimbursement of expenses if the request exceeds $500; and
(7) the time fixed for filing proofs of claims under Rule 3003(c).
(b) Twenty-five-day notices to interested parties. Except as provided in subdivision (1), the clerk, or some other person as the court may direct, shall give the debtor, the trustee, all creditors and indenture trustees not less than 25 days notice by mail of
(1) the time fixed for filing objections and the hearing to consider approval of a disclosure statement; and
(2) the time fixed for filing objections and the hearing to consider confirmation of a chapter 3 plan. (c) Content of notice.
(1) Proposed use, sale, or lease of property. Subject to Rule 6004, the notice of a proposed use, sale, or lease of property required by subdivision (a)(2) shall include the time and place of any public sale, the terms and conditions of any private sale and the time fixed for filing objections. The notice of a proposed use, sale, or lease of property, including real estate, is sufficient if it generally describes the property.
(2) Notice of hearing on compensation. The notice of a hearing on an application for compensation or reimbursement of expenses required by subdivision (a)(6) shall identify the applicant and the amounts requested.
(3) Notice of Hearing on Confirmation When Plan Provides for an Injunction. If a plan provides for an injunction against conduct not otherwise enjoined under Title 31, the notice required under Rule 2002(b)(2) shall:
(A) include in conspicuous language (bold, italic, or underlined text) a statement that the plan proposes an injunction;
(B) describe briefly the nature of the injunction; and
(C) identify the entities that would be subject to the injunction. (d)
Notice to equity security holders. In a chapter 3 reorganization case, unless otherwise ordered by the court, the clerk, or some other person as the court may direct, shall in the manner and form directed by the court give notice to all equity security holders of
(1) the order for relief;
(2) any meeting of equity security holders;
(3) the hearing on the proposed sale of all or substantially all of the debtor's assets;
(4) the hearing on the dismissal or conversion of a case to another chapter;
(5) the time fixed for filing objections to and the hearing to consider approval of a disclosure statement;
(6) the time fixed for filing objections to and the hearing to consider confirmation of a plan; and
(7) the time fixed to accept or reject a proposed modification of a plan. (e)
Notice of no dividend. In a chapter 2 liquidation case, if it appears from the schedules that there are no assets from which a dividend can be paid, the notice may include a statement to that effect; that it is unnecessary to file claims; and that if sufficient assets become available for the payment of a dividend, further notice will be given for the filing of claims. (f)
Othier notices. Except as provided in subdivision (l), the clerk, or some other person as the court may direct, shall give the debtor and all creditors notice by mail of:
(1) the order for relief;
(2) the dismissal or the conversion of the case to another chapter;
(3) the time allowed for filing claims under Rule 3002;
(4) the time fixed for filing a complaint objecting to the debtor's discharge under 208 of Title 31 as provided in Rule 4004;
(5) the time fixed for filing a complaint to determine the
discharge ability of a debt under 208 of Title 31 as provided in Rule 4007;
(6) the waiver, denial, or revocation of a discharge as provided in Rule 4006;
(7) entry of a order confirming a chapter 3 plan; and
(8) a summary of the receiver's final report in a chapter 2 case if the net proceeds realized exceed $1,500.
Notice of the time fixed for accepting or rejecting a plan under Rule 3017(c) shall be given in accordance with Rule 3017(d). (g)
Addresses of notices.
(1) Notices required to be mailed under Rule 2002 to a creditor or equity security holder shall be addressed as the entity or an authorized agent has directed in its last request filed in the particular case. For the purposes of this subdivision:
(A) a proof of claim filed by a creditor that designates a mailing address constitutes a filed request to mail notices to that address, unless a notice of no dividend has been given under Rule 2002(e) and a later notice of possible dividend under Rule 3002(c)(5) has not been given; and
(B) a proof of interest filed by an equity security holder that designates a mailing address constitutes a filed request to mail notices to that address.
(2) If a creditor or indenture trustee has not filed a request designating a mailing address under Rule 2002(g)(1), the notices shall be mailed to the address shown on the list of creditors or schedule of liabilities, whichever is filed later. If an equity security holder has not filed a request designating a mailing address under Rule 2002(g)(1), the notices shall be mailed to the address shown on the list of equity security holders.
(3) If a list or schedule filed under Rule 1007 includes the name and address of a legal representative of an infant or incompetent person, and a person other than that representative files a request or proof of claim designating a name and mailing address that differs from the name and address of the representative included in the list or schedule, unless the court orders otherwise, notices under Rule 2002 shall be mailed to the representative included in the list or schedules and to the name and address designated in the request or proof of claim. (h)
Notices to creditors whose claims are filed. In a chapter 2 case, after 90 days after the first date set for the meeting of creditors under 308 of Title 31, the court may direct that all notices required by subdivision (a) be mailed only to the debtor, the trustee, creditors that hold claims for which proofs of claim have been filed, and creditors, if any, that are still permitted to file claims by reason of an extension granted under Rule 3002(c)(1) or (c)(2). In a case where notice of insufficient assets to pay a dividend has been given to creditors under subdivision (e), after 90 days after the mailing of a notice of the time for filing claims under Rule 3002(c)(5), the court may direct that notices be mailed only to the entities specified in the preceding sentence. (I)
Notices to committees. Copies of all notices required to be mailed under this rule shall be mailed to creditors' committees, if any are formed
(j)
Notices to the Federated States of Micronesia. Copies of notices required to be mailed to all creditors under this rule shall be mailed.
(1) in a chapter 3 reorganization case, to the Registrar of Corporations at any place the Registrar designates, if the Registrar has filed either a notice of appearance in the case or a written request to receive notices;
(2) in a chapter 3 case, to the FSM Department of Finance office for the state in which the case is pending; or
(3) if the papers in the case disclose a debt to the Federated States of Micronesia other than for taxes, to the Federated States of Micronesia Department of Justice and to the Federated States of Micronesia department, agency, or instrumentality to which the debtor became indebted. ((k)
Notice by publication. The court may order notice by publication if it finds that notice by mail is impracticable or that it is desirable to supplement the notice. Notice by publication may include, but cannot be limited to, announcements on the state's radio stations. ((l)
Orders designating matter of notices. The court may from time to time enter orders designating the matters in respect to which, the entity to whom, and the form and manner in which notices shall be sent except as otherwise provided by these rules. (m)
Caption. The caption of every notice given under this rule shall comply with Rule 1005.
Rule 2003.
Meeting of Creditors or Equity Security Holders
(a)
Date and place. In a chapter 2 liquidation or a chapter 3 reorganization case, the receiver or the trustee shall call a meeting of creditors to be held no fewer than 20 and no more than 40 days after the order for relief. If there is an appeal from or a motion to vacate the order for relief, or if there is a motion to dismiss the case, the receiver or trustee may set a later date for the meeting. The meeting may be held at a regular place for holding court or at any other place designated by the receiver or trustee within the state convenient for the interested parties.
(b) Order of meeting.
(1) Meeting of creditors. The receiver or trustee shall preside at the meeting of creditors. The meeting's business shall include the examination of the debtor, or in the case of a corporation or partnership of the debtor's representative, under oath and, in a chapter 2 liquidation case, may include the election of a creditors' committee. The trustee or receiver shall have the authority to administer oaths.
(2) Meeting of equity security holders. If the receiver or trustee convenes a meeting of equity security holders, the receiver or trustee shall fix a date for the meeting and shall preside.
(3) Right to vote. In a chapter 3 case, a creditor is entitled to vote at a meeting if, at or before the meeting, the creditor has filed a proof of claim or a writing setting forth facts evidencing a right to vote under 308(1) of Title 31 unless objection is made to the claim or the proof of claim is insufficient on its face. In the event of an objection to the amount or
allow ability of a claim for the purpose of voting, unless the court orders otherwise, the trustee shall tabulate the votes for each alternative presented by the dispute and, if resolution of this dispute is necessary to determine the result of the election, the tabulations for each alternative shall be reported to the court. (c) Record of meeting. Any examination under oath at the meeting of creditors held under this rule shall be recorded verbatim by using electronic sound recording equipment or other means of recording, and the record shall be preserved by the receiver or trustee and available for public access until two years after the conclusion of the creditors' meeting. Upon any entity's request, the receiver or trustee shall certify and provide a copy or transcript of the recording at the entity's expense.
(d) Adjournment. The meeting may be adjourned from time to time by announcement at the meeting of the adjourned date and time without further written notice. (f) Special meetings .The receiver or trustee may call a special meeting of creditors on an interested party's request or on the receiver's or trustee's own initiative.
(g) Final meeting. If the receiver or trustee calls a final creditors' meeting in a case in which the net proceeds realized exceed $1,500, the clerk shall mail a summary of the receiver's or trustee's final account to the creditors with a notice of the meeting, together with a statement of the amount of the claims allowed. The receiver or trustee shall attend the final meeting and shall, if requested, report on the administration of the estate.
Rule 2004.
Examination
(a) Examination on motion. On any interested party's motion, the court may order the examination of any entity.
(b) Scope of examination. The examination of an entity or of the debtor under this rule may relate only to the debtor's acts, conduct, or property or to the debtor's liabilities and financial condition, or to any matter which may affect the administration of the debtor's estate, or to the debtor's right to a discharge. In a reorganization case under chapter 3 of Title 31, the examination may also relate to the operation of any business and the desirability of its continuance, the source of any money or property acquired or to be acquired by the debtor for purposes of consummating a plan and the consideration given or offered therefor, and any other matter relevant to the case or to the formulation of a plan.
(c) Compelling attendance and production of documentary evidence. The attendance of an entity for examination and for the production of documents, whether the examination is to be conducted within or without the state in which the case is pending, may be compelled as provided in Rule 9016 for the attendance of a witness at a hearing or trial.
(d) Time and place of debtor's examination The court may for cause shown and on terms as it may impose order the debtor to be examined under this rule at any time or place it designates, whether within or without the state wherein the case is pending.
Rule 2005.
Apprehension and Removal of Debtor to Compel Attendance for Examination
(a) Order to compel attendance for
examination. On any interested party's motion supported by an affidavit alleging
(1) that the debtor's examination is necessary for the estate's proper administration and that there is reasonable cause to believe that the debtor is about to leave or has left the debtor's residence or principal place of business to avoid examination, or
(2) that the debtor has evaded service of a subpoena or of an order to attend for examination, or
(3) that the debtor has willfully disobeyed a duly served subpoena or order to attend for examination,
the court may issue to some officer authorized by law, an order directing the officer to bring the debtor before the court without unnecessary delay. If, after hearing, the court finds the allegations to be true, the court shall thereupon cause the debtor to be examined forthwith. If necessary, the court shall fix conditions for further examination and for the debtor's obedience to all orders made in reference thereto.
(b) Conditions of release. In determining what conditions will reasonably assure attendance or obedience under subdivision (a), the court shall be governed by the provisions and policies of FSM Criminal Procedure Rule 46.
Rule 2006.
Solicitation and Voting of Proxies in Chapter 2 Liquidation Cases
(a) Applicability.This rule applies only in a liquidation case pending under chapter 2 of Title 31.
(b) Definitions.
(1) Proxy. A proxy is a written power of attorney authorizing any entity to vote the claim or otherwise act as the owner's attorney in fact in connection with the administration of the estate.
(2) Solicitation of proxy. The solicitation of a proxy is any communication, other than one from an attorney to a regular client who owns a claim or from an attorney to the owner of a claim who has requested the attorney to represent the owner, by which a creditor is asked, directly or indirectly, to give a proxy after or in contemplation of the filing of an application by or against the debtor.
(c) Authorized solicitation.
(1) A proxy may be solicited only by a creditor owning an allowable unsecured claim against the estate on the date of the application's filing.
(2) A proxy may be solicited only in writing.
(d) Solicitation not authorized. This rule does not permit solicitation
(1) in any interest other than that of general creditors
(2) by or on behalf of any custodian;
(3) by or on behalf of an attorney at law; or
(4) by or on behalf of a transferee of a claim for collection only.
(e) Data required from holders of multiple proxies. At any time before the voting starts at any creditors' meeting under 308(1) of Title 31, or at any other time as the court may direct, a holder of two or more proxies shall file and send to the trustee a verified list of the proxies to be voted and a verified statement of the pertinent facts and circumstances in connection with the execution and delivery of each proxy, including:
(1) a copy of the solicitation;
(2) identification of the solicitor, the forwarder, if the forwarder is neither the solicitor nor the owner of the claim, and the proxyholder, including their connections with the debtor and with each other.
(3) a statement that no consideration has been paid or promised by the proxyholder for the proxy;
(4) a statement on whether there is any agreement and, if so, the particulars thereof, between the proxyholder and any other entity for the payment of any consideration in connection with voting the proxy, or for the sharing of compensation with any entity, or for the employment of any person as attorney, accountant, appraiser, auctioneer, or other employee for the estate;
(5) if the proxy was solicited by an entity other than the proxyholder, or forwarded to the holder by an entity who is neither a solicitor of the proxy nor the owner of the claim, a statement signed and verified by the solicitor or forwarder that no consideration has been paid or promised for the proxy, and whether there is any agreement, and, if so, the particulars thereof, between the solicitor or forwarder and any other entity for the payment of any consideration in connection with voting the proxy, or for sharing compensation with any entity, or for the employment of any person as attorney, accountant, appraiser, auctioneer, or other employee for the estate;
(6) if the solicitor, forwarder, or proxyholder is a committee, a statement signed and verified by each member about the amount and source of any consideration paid or to be paid to the member in connection with the case other than by way of dividend on the member's claim.
(f) Enforcement of restrictions on solicitation. On any interested party's motion or on its own initiative, the court may determine whether there has been a failure to comply with the this rule's provisions or any other impropriety in connection with the solicitation or voting of a proxy. After notice and a hearing the court may reject any proxy for cause, vacate any order entered in consequence of the voting of any proxy which should have been rejected, or take any other appropriate action.
Rule 2007.
Review of Appointment of Creditors' Committee Organized Before Case's Start
(a) Applicability. Motion to review appointment.
If a committee consists of the members organized by creditors before the start of a chapter 3 case, on an interested party's motion and after a hearing on notice to entities as the court may direct, the court may determine whether the appointment of the committee is satisfactory.
(b) Selection of members of committee. The court may find that a committee organized by unsecured creditors before the start of a chapter 3 case was fairly chosen if:
(1) it was selected by a majority in number and amount of claims of unsecured creditors who may vote under 308(1) of Title 31 and were present in person or represented at a meeting of which all creditors having unsecured claims of over $1,000 or the 100 unsecured creditors having the largest claims had at least five days notice in writing, and of which meeting written minutes reporting the names of the creditors present or represented and voting and the amounts of their claims were kept and are available for inspection;
(2) all proxies voted at the meeting for the elected committee were solicited under Rule 2006 and the lists and statements required by subdivision (e) thereof have been sent to the trustee; and
(3) the organization of the committee was in all other respects fair and proper.
(c) Failure to comply with requirements for appointment. After a hearing on notice under subdivision (a), the court shall direct the trustee to vacate the committee's appointment and may order other appropriate action if the court finds that the appointment was not satisfactory.
Rule 2007.1.
Appointment of Trustee or Examiner in a Chapter 3 Reorganization Case
Order to appoint trustee or examiner.
In a chapter 3 reorganization case, a motion for an order to appoint an examiner or a trustee under 302 of Title 31 shall be made in accordance with Rule 9014.
Rule 2008.
Notice to Receiver or Trustee of Selection
The court shall immediately notify the person selected as trustee how to qualify and, if applicable, the amount of the receiver's or trustee's bond. A trustee that has filed a blanket bond under Rule 2010 and has been selected as receiver in a chapter 2 case that does not notify the court in writing of rejection of the office within five days after receipt of notice of selection shall be deemed to have accepted the office. Any other person selected as trustee shall notify the court in writing of acceptance of the office within five days after receipt of notice of selection or shall be deemed to have rejected the office.
Rule 2009.
Receivers or Trustees for Estates When Joint Administration Ordered
(a) Selection of single trustee for estates being jointly administered. If the court orders a joint administration of two or more estates under Rule 1015(b), it may appoint a single receiver or trustee for the estates being jointly administered.
(b) Appointment of receivers or trustees for estates being jointly administered.
(1) Chapter 2 liquidation cases. The court may appoint one or more interim receivers for estates being jointly administered in chapter 2 cases.
(2) Chapter 3 reorganization cases. If the appointment of a trustee is ordered, the court may appoint one or more trustees for estates being jointly administered in chapter 3 cases.
(c) Potential conflicts of interest. On a showing that creditors or equity security holders of the different estates will be prejudiced by conflicts of interest of a common receiver or trustee who has been appointed, the court shall order the selection of separate receivers or trustees for estates being jointly administered.
(d) Separate accounts.The receiver or receivers or trustee or trustees of estates being jointly administered shall keep separate accounts of the property and distribution of each estate.
Rule 2010.
Qualification by Receiver or Trustee; Proceeding on Bond
(a) Blanket bond. A blanket bond may be authorized in favor of the Federated States of Micronesia conditioned on the faithful performance of the receiver's or trustee's official duties to cover (1) a person who qualifies as trustee in a number of cases, and (2) a number of receivers or trustees each of whom qualifies in a different case.
(b) Proceeding on bond. A proceeding on the trustee's bond may be brought by any interested party in the name of the Federated States of Micronesia for the use of the entity injured by the breach of the condition.
Rule 2011.
Evidence of Debtor in Possession or Qualification of Trustee
(a)
Whenever evidence is required that a debtor is a debtor in possession or that a trustee has qualified, the clerk may so certify and the certificate shall constitute conclusive evidence of that fact.
(b) If a person appointed as trustee does not qualify within seven days of appointment, the clerk shall so notify the court.
Rule 2012.
Substitution of Receiver or Trustee; Successor; Accounting
(a)
Trustee. If a trustee is appointed in a chapter 3 case or the debtor is removed as debtor in possession, the trustee is substituted automatically for the debtor in possession as a party in any pending action, proceeding, or matter.
(b) Successor receiver or trustee. When a receiver or trustee dies, resigns, is removed, or otherwise ceases to hold office during the pendency of a case under Title 31
(1) the successor is automatically substituted as a party in any pending action, proceeding, or matter; and
(2) the successor receiver or trustee shall prepare, file, and send to the court an accounting of the estate's prior administration.
Rule 2013.
Public Record of Compensation Awarded to Trustees and Receivers, Examiners, and Professionals
(a) Record to be kept. The clerk shall maintain a public record listing fees awarded by the court (1) to trustees and receivers and attorneys, accountants, appraisers, auctioneers and other professionals employed by trustees, and (2) to examiners. The record shall include the name and docket number of the case, the name of the individual or firm receiving the fee and the amount of the fee awarded. The record shall be maintained chronologically and shall be kept current and open to examination by the public without charge. "Trustees," as used in this rule, does not include debtors in possession.
(b) Summary of record. At the close of each annual period, the clerk shall prepare a summary of the public record by individual or firm name, to reflect total fees awarded during the preceding year. The summary shall be open to examination by the public without charge.
Rule 2014.
Employment of Professional Persons
(a) Application for an order of employment. An order approving the employment of attorneys, accountants, appraisers, auctioneers, agents, or other professionals under 111 of Title 31 shall be made only on application of the debtor, receiver, or trustee. The application shall be filed. The application shall state the specific facts showing the necessity for the employment, the name of the person to be employed, the reasons for the selection, the professional services to be rendered, any proposed arrangement for compensation, and, to the best of the applicant's knowledge, all of the person's connections with the debtor, creditors, any other interested party, and their respective attorneys and accountants. The application shall be accompanied by a verified statement of the person to be employed setting forth the person's connections with the debtor, creditors, any other interested party, and their respective attorneys and accountants. (b) Services rendered by member or associate of firm of attorneys or accountants. If, under Title 31 and this rule, a law partnership or corporation is employed as an attorney, or an accounting partnership or corporation is employed as an accountant, or if a named attorney or accountant is employed, any partner, member, or regular associate of the partnership, corporation or individual may act as attorney or accountant so employed, without further court order.
Rule 2015.
Duty to Keep Records, Make Reports, and Give Notice of Case
(a) Receiver, trustee, or debtor in possession. A receiver, trustee, or debtor in possession shall
(1) in a chapter 2 liquidation case and, if the court directs, in a chapter 3 reorganization case file a complete inventory of the debtor's property within 30 days after qualifying as a trustee or debtor in possession, unless such an inventory has already been filed;
(2) keep a record of receipts and the disposition of money and property received;
(3) file the reports and summaries required by FSM income and social security tax laws, which shall include a statement, if payments are made to employees, of the amounts of deductions for all taxes required to be withheld or paid for and on behalf of employees and the place where these amounts are deposited;
(4) as soon as possible after the case's start, give notice of the case to every entity known to be holding money or property subject to the debtor's withdrawal or order, including every bank, credit union, public utility company, and landlord with whom the debtor has a deposit, and to every insurance company which has issued a policy having a cash surrender value payable to the debtor, but notice need not be given to any entity who has knowledge or has previously been notified of the case;
(5) in a chapter 3 reorganization case, on or before the last day of the month after each calendar quarter during which there is a duty to pay fees under Rule 1006, file a statement of any disbursements made during such calendar that quarter and of any fees payable under Rule 1006 for that quarter.
(b) Transmission of reports. In a chapter 3 case the court may direct that copies or summaries of annual reports and copies or summaries of other reports be mailed to the creditors, equity security holders, and indenture trustees.
Rule 2016.
Compensation for Services Rendered and Reimbursement of Expenses
(a) Application for compensation or reimbursement. An entity seeking interim or final compensation for services, or reimbursement of necessary expenses, from the estate shall file an application setting forth a detailed statement of the services rendered, time expended and expenses incurred, and the amounts requested. An application for compensation shall include
(1) a statement about what payments have theretofore been made or promised to the applicant for services rendered or to be rendered in any capacity whatsoever in connection with the case,
(2) the source of the compensation so paid or promised,
(3) whether any compensation previously received has been shared,
(4) whether an agreement or understanding exists between the applicant and any other entity for the sharing of compensation received or to be received for services rendered in or in connection with the case,
(5) and the particulars of any sharing of compensation or agreement or understanding
therefore, but details of any agreement by the applicant for the sharing of compensation as a member or regular associate of a firm of lawyers or accountants shall not be required.
This subdivision's requirements shall apply to an application for an attorney's or accountant's compensation for services rendered even though the application is filed by a creditor or other entity.
(b) Disclosure of compensation paid or promised to debtor's attorney. Every attorney for a debtor in a Title 31 case, whether or not the attorney applies for compensation, shall file within 15 days after the order for relief, or at another time as the court may direct, a statement of the compensation paid to or agreed to be paid, if the payment or agreement was made within one year before the bankruptcy application was filed, for services rendered or to be rendered in contemplation of or in connection with the Title 31 case. It shall include whether the attorney has shared or agreed to share the compensation with any other entity. The statement shall include the particulars of any such sharing or agreement to share by the attorney, but the details of any agreement for the sharing of the compensation with a member or regular associate of the attorney's law firm shall not be required. A supplemental statement shall be filed within 15 days after any payment or agreement not previously disclosed.
(c) Disclosure of compensation paid or promised to bankruptcy application
preparer. Every bankruptcy application preparer for a debtor shall file a sworn declaration under 104(3) of Title 31 within 10 days after the application's filing date, or at another time as the court may direct. The declaration must disclose any fee, and the source of any fee, received from or on the debtor's behalf within 12 months of the case's filing and all unpaid fees charged to the debtor. The declaration must describe the services performed and documents prepared or caused to be prepared by the bankruptcy application preparer. A supplemental statement shall be filed within 10 days after any payment or agreement not previously disclosed.
Rule 2017.
Examination of Debtor's Transactions with Debtor's Attorney
(a)
Payment or transfer to attorney before order for relief. On any interested party's motion or on the court's own initiative, the court, after notice and a hearing, may determine whether any payment of money or any transfer of property by the debtor, made directly or indirectly and in contemplation of the filing of an application under Title 31 by or against the debtor or before entry of the order for relief in an involuntary case, to an attorney for services rendered or to be rendered is excessive.
(b) Payment or transfer to attorney after order for relief. On the debtor's, receiver's, or trustee's motion or on the court's own initiative, the court, after notice and a hearing, may determine whether any payment of money or any transfer of property, or any agreement
therefore, by the debtor to an attorney after entry of an order for relief in a Title 31 case is excessive, whether the payment or transfer is made or is to be made directly or indirectly, if the payment, transfer, or agreement
therefore is for services in any way related to the case.
Rule 2018.
Intervention; Right to Be Heard
(a) Permissive intervention. In a case under Title 31, after hearing on such notice as the court directs and for cause shown, the court may permit any interested entity to intervene generally or with respect to any specified matter.
(b) Intervention by Attorney General of a State. The Attorney General of a State may appear and be heard on behalf of consumer creditors if the court determines the appearance is in the public interest, but the Attorney General may not appeal from any judgment, order, or decree in the case.
(c) Service on entities covered by this rule. The court may enter orders governing the service of notice and papers on entities permitted to intervene or be heard under this rule.
Rule 2019.
Representation of Creditors and Equity Security Holders in Chapter 3 Reorganization Cases
(a) Data required. In a chapter 3 reorganization case, every entity or committee representing more than one creditor or equity security holder, unless otherwise directed by the court, shall file a verified statement setting forth:
(1) the name and address of the creditor or equity security holder;
(2) the nature and amount of the claim or interest and the time of acquisition thereof unless it is alleged to have been acquired more than one year before the application's filing;
(3) a recital of the pertinent facts and circumstances in connection with the employment of the entity, and, in the case of a committee, the name or names of the entity or entities at whose instance, directly or indirectly, the employment was arranged or the committee was organized or agreed to act; and
(4) with reference to the time of the employment of the entity, the organization or formation of the committee, or the appearance in the case of any indenture trustee, the amounts of claims or interests owned by the entity, the committee members or the indenture trustee, the times when acquired, the amounts paid
therefore, and any sales or other disposition thereof. The statement shall include a copy of the instrument, if any, whereby the entity, committee, or indenture trustee is empowered to act on behalf of creditors or equity security holders. A supplemental statement shall be filed promptly, setting forth any material changes in the facts contained in the statement filed under this subdivision.
(b) Failure to comply; effect. On any interested party's motion or on its own initiative, the court may
(1) determine whether there has been a failure to comply with subdivision (a) or with any other applicable law regulating the activities and personnel of any entity or committee or any other impropriety in connection with any solicitation and, if it so determines, the court may refuse to permit that entity or committee to be heard further or to intervene in the case;
(2) examine any representation provision of a deposit agreement, proxy, trust mortgage, trust indenture, or deed of trust, or committee or other authorization, and any claim or interest acquired by any entity or committee in contemplation or in the course of a Title 31 case and grant appropriate relief; and
(3) hold invalid any authority, acceptance, rejection, or objection given, procured, or received by an entity who has not complied with this rule or with Rule 1007.
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS
Rule 3001.
Proof of Claim
(a) Form and content. A proof of claim is a written statement setting forth a creditor's claim. A proof of claim shall conform substantially to the appropriate Official Form.
(b) Who may execute .A proof of claim shall be executed by the creditor or the creditor's authorized agent except as provided in Rules 3004 and 3005.
(c) Claim based on a writing. When a claim, or an interest in the debtor's property securing the claim, is based on a writing, the original or a duplicate shall be filed with the proof of claim. If the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction must be filed with the claim.
(d) Evidence of perfection of security interest. If a security interest in the debtor's property is claimed, the proof of claim shall be accompanied by evidence that the security interest has been perfected.
(e) Transferred claim.
(1) Transfer of claim other than for security before proof filed. If a claim has been transferred other than for security before proof of the claim has been filed, the proof of claim may be filed only by the transferee or an indenture trustee.
(2) Transfer of claim other than for security after proof filed. If a claim other than one based on a publicly traded note, bond, or debenture has been transferred other than for security after the proof of claim has been filed, evidence of the transfer shall be filed by the transferee. The clerk shall immediately notify the alleged transferor by mail of the filing of the evidence of transfer and that objection thereto, if any, must be filed within 20 days of the mailing of the notice or within any additional time allowed by the court. If the alleged transferor files a timely objection and the court finds, after notice and a hearing, that the claim has been transferred other than for security, it shall enter an order substituting the transferee for the transferor. If a timely objection is not filed by the alleged transferor, the transferee shall be substituted for the transferor. (3) Transfer of claim for security before proof filed. If a claim other than one based on a publicly traded note, bond, or debenture has been transferred for security before proof of the claim has been filed, the transferor or transferee or both may file a proof of claim for the full amount. The proof shall be supported by a statement setting forth the terms of the transfer. If either the transferor or the transferee files a proof of claim, the clerk shall immediately notify the other by mail of the right to join in the filed claim. If both transferor and transferee file proofs of the same claim, the proofs shall be consolidated. If the transferor or transferee does not file an agreement regarding its relative rights respecting voting of the claim, payment of dividends thereon, or participation in the administration of the estate, on motion by an interested party and after notice and a hearing, the court shall enter such orders respecting these matters as may be appropriate. (4) Transfer of claim for security after proof filed. If a claim other than one based on a publicly traded note, bond, or debenture has been transferred for security after the proof of claim has been filed, evidence of the terms of the transfer shall be filed by the transferee. The clerk shall immediately notify the alleged transferor by mail of the filing of the evidence of transfer and that objection thereto, if any, must be filed within 20 days of the mailing of the notice or within any additional time allowed by the court. If a timely objection is filed by the alleged transferor, the court, after notice and a hearing, shall determine whether the claim has been transferred for security. If the transferor or transferee does not file an agreement regarding its relative rights respecting voting of the claim, payment of dividends thereon, or participation in the administration of the estate, on motion by an interested party and after notice and a hearing, the court shall enter such orders respecting these matters as may be appropriate. (5) Service of objection or motion; notice of hearing. A copy of an objection filed under paragraph (2) or (4) or a motion filed under paragraph (3) or (4) together with a notice of a hearing shall be mailed or otherwise delivered to the transferor or transferee, whichever is appropriate, at least 30 days before the hearing. (f) Evidentiary effect. A proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim.
Rule 3002.
Filing Proof of Claim or Interest
(a) Necessity for filing. An unsecured creditor or an equity security holder must file a proof of claim or interest for the claim or interest to be allowed, except as provided in Rules 1019(3), 3003, 3004, and 3005.
(b) Place of filing. A proof of claim or interest shall be filed in accordance with Rule 5005.
(c) Time for filing .In a chapter 2 liquidation case, a proof of claim is timely filed if it is filed not later than 180 days after the date of the order for relief except as follows:
(1) On a governmental unit's motion before the expiration of this period and for cause shown, the court may extend the time for the governmental unit to file a claim.
(2) In the interest of justice and if it will not unduly delay the administration of the case, the court may extend the time for filing a proof of claim by an infant or incompetent person or the representative of either.
(3) An unsecured claim which arises in favor of an entity or becomes allowable as a result of a judgment may be filed within 30 days after the judgment becomes final if the judgment is for the recovery of money or property from that entity or denies or avoids the entity's interest in property. If the judgment imposes a liability which is not satisfied, or a duty which is not performed within this period or such further time as the court may permit, the claim shall not be allowed.
(4) A claim arising from the rejection of an executory contract or unexpired lease of the debtor may be filed within such time as the court may direct.
(5) If notice of insufficient assets to pay a dividend was given to creditors under Rule 2002(e), and subsequently the receiver notifies the court that payment of a dividend appears possible, the clerk shall notify the creditors of that fact and that they may file proofs of claim within 90 days after the mailing of the notice.
Rule 3003.
Filing Proof of Claim or Equity Security Interest in Chapter 3 Reorganization Cases
(a) Applicability of rule. This rule applies in chapter 3 cases.
(b) Schedule of liabilities and list of equity security holders.
(1) Schedule of liabilities. The schedule of liabilities filed under 104(3) of Title 31 shall constitute prima facie evidence of the validity and amount of the claims of creditors, unless they are scheduled as disputed, contingent, or unliquidated. It shall not be necessary for a creditor or equity security holder to file a proof of claim or interest except as provided in subdivision (c)(2).
(2) List of equity security holders. The list of equity security holders filed under Rule 1007(a)(3) shall constitute prima facie evidence of the validity and amount of the equity security interests and it shall not be necessary for the holders of these interests to file a proof of interest. (c) Filing proof of claim.
(1) Who may file. Any creditor or indenture trustee may file a proof of claim within the time prescribed by subdivision (c)(3).
(2) Who must file. Any creditor or equity security holder whose claim or interest is not scheduled or scheduled as disputed, contingent, or unliquidated shall file a proof of claim or interest within the time prescribed by subdivision (c)(3); any creditor who fails to do so shall not be treated as a creditor with respect to the claim for the purposes of voting and distribution.
(3) Time for filing. The court shall fix and for cause shown may extend the time within which proofs of claim or interest may be filed. Notwithstanding the expiration of such time, a proof of claim may be filed to the extent and under the conditions stated in Rule 3002(c)(2), (c)(3), and (c)(4).
(4) Effect of filing claim or interest. A proof of claim or interest executed and filed in accordance with this subdivision shall supersede any scheduling of that claim or interest under 104(3) of Title 31.
(d) Proof of right to record status. For the purposes of Rules 3017, 3018 and 3021 and for receiving notices, an entity who is not the record holder of a security may file a statement setting forth facts which entitle that entity to be treated as the record holder. Any interested party may file an objection to the statement.