Warning: Some courts have held that a bankruptcy court does not have authority under the Bankruptcy Code to allow a late-filed proof of claim. See section 35.22 in this chapter for a discussion of late-filed proofs of claim.
Note: The judge will insert an image of his signature and the date of signing electronically. In the bankruptcy courts for the Western District of Texas, the practitioner should leave four inches of blank space at the top of the first page for insertion of the judge’s signature. In other bankruptcy courts in the other districts in Texas, the image of the judge’s signature will be inserted below the last line of text, so the practitioner should leave adequate space on the form. It is good practice to refer to the local rules and procedures of each district for any updates or changes.
Warning: The local rules of the Bankruptcy Courts for the four districts in Texas have specific requirements for the content of the captions of pleadings and orders, and they are all different. The practitioner should consult the local rules of the bankruptcy court for the district in which he intends to file for the specific requirements as to the content of captions. See section 35.1:2.
[Caption. See form 35-3 in this chapter.]
Order Granting Creditor’s Motion
to Allow Late Filing of Proof of Claim
At the hearing on [name of creditor]’s Motion to Allow Late Filing of Proof of Claim, the Court, having considered the Motion, finds that it should be granted.
It is therefore ORDERED that [name of creditor]’s Proof of Claim is allowed as filed.