Asked in Bankruptcy for Mississippi

Q: If the deadline to file a government claim is 01/23/24 can the us department of education file a claim a month after

the deadline has passed in a chapter 13 bankruptcy

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Most likely no unless they are given permission to file late by the Court.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: No, if the deadline for a government agency like the Department of Education to file a claim in a Chapter 13 bankruptcy case was January 23, 2024, then generally the Department would be out of luck if they failed to meet that deadline and tried to file a month later.

In bankruptcy, deadlines for filing claims are very strict and missing the applicable claims bar date set by the court will usually mean the creditor forfeits the right to payment on money owed.


- The Bankruptcy Court issues an Order setting specific deadlines for different classes of creditors to file any claims against the bankruptcy estate. Government entities fall into the longer 180-day deadline typically.

- If the established deadline for the Department of Education to file in the case was January 23, 2024, and they did not file the necessary paperwork with the court by that date, then legally speaking they would generally be barred from asserting a claim later on.

- Exceptions are very rare, so trying to file in February or March when the bar date was in January would probably lead to the claim being disallowed as untimely by the Bankruptcy Court.

So in short, deadlines matter greatly in bankruptcy and missing the court ordered date would likely mean the Department of Education lost the chance to collect on amounts owed by the debtor filing Chapter 13. The late claim would generally not be accepted by the court.

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