B10 (Official Form 10) (12/08) Cont.
Instructions For Proof of Claim Form
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be exceptions to these general rules. Items to be completed in Proof of Claim form Court, Name of Debtor, and Case Number: Fill in the federal judicial district where the bankruptcy case was filed (for example, Central District of California), the bankruptcy debtor's name, and the bankruptcy case number. If the creditor received a notice of the case from the bankruptcy court, all of this information is located at the top of the notice. Creditor's Name and Address: Fill in the name of the person or entity asserting a claim and the name and address of the person who should receive notices issued during the bankruptcy case. A separate space is provided for the payment address if it differs from the notice address. The creditor has a continuing obligation to keep the court informed of its current address. See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g). 1. Amount of Claim as of Date Case Filed: State the total amount owed to the creditor on the date of the Bankruptcy filing. Follow the instructions concerning whether to complete items 4 and 5. Check the box if interest or other charges are included in the claim. 2. Basis for Claim: State the type of debt or how it was incurred. Examples include goods sold, money loaned, services performed, personal injury/wrongful death, car loan, mortgage note, and credit card. If the claim is based on the delivery of health care goods or services, limit the disclosure of the goods or services so as to avoid embarrassment or the disclosure of confidential health care information. You may be required to provide additional disclosure if the trustee or another party in interest files an objection to your claim. 3. Last Four Digits of Any Number by Which Creditor Identifies Debtor : State only the last four digits of the debtor's account or other number used by the creditor to identify the debtor. 3a. Debtor May Have Scheduled Account As: Use this space to report a change in the creditor's name, a transferred claim, or any other information that clarifies a difference between this proof of claim and the claim as scheduled by the debtor. 4. Secured Claim: Check the appropriate box and provide the requested information if the claim is fully or partially secured. Skip this section if the claim is entirely unsecured. (See DEFINITIONS, below.) State the type and the value of property that secures the claim, attach copies of lien documentation, and state annual interest rate and the amount past due on the claim as of the date of the bankruptcy filing. 5. Amount of Claim Entitled to Priority Under 11 U.S.C. §507(a).: If any portion of your claim falls in one or more of the listed categories, check the appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS, below.) A claim may be partly priority and partly non-priority. For example, in some of the categories, the law limits the amount entitled to priority. 6. Credits: An authorized signature of this proof of claim serves as an acknowledgment that when calculating the amount of the claim, the creditor gave the debtor credit for any payments received toward the debt. 7. Supporting Documents: Exhibits (e.g., leases, promissory notes, mortgages, titles) may be filed electronically subject to the restrictions listed in General Order 08-4. A Summary of Exhibits may be filed electronically in lieu of filing the actual exhibits pursuant to General Order 08-4. If a Summary of Exhibits is filed, the proof of claim and Summary of Exhibits shall be filed together electronically as a single document. A copy of the claim and exhibits, (documentation of your lien), in paper format that complies with the redaction policy as described below, must still be provided to debtor's attorney and trustee. Exhibits must be tendered to the Court at least five days prior to the Court hearing to which they pertain. Any Exhibit that is filed with the Court shall comply with the privacy protection requirements set forth in Bankruptcy Rule 9037. Date and Signature: The person filing this proof of claim must sign and date it. FRBP 9011. If the claim is filed electronically, FRBP 5005(a)(2), authorizes courts to establish local rules specifying what constitutes a signature. Print the name and title, if any, of the creditor or other person authorized to file this claim. State the filer's address and telephone number if it differs from the address given on the top of the form for purposes of receiving notices. Attach a complete copy of any power of attorney. Criminal penalties apply for making a false statement on a proof of claim. _____INFORMATION_____ Acknowledgment of Filing of Claim To receive acknowledgment of your filing, you may either enclose a stamped self-addressed envelope and a copy of this proof of claim or you may access the court's PACER system (www.pacer.psc.uscourts.gov) for a small fee to view your filed proof of claim. Failure to provide a stamped self-addressed envelope will result in electronic access (PACER) being the only method to receive acknowledgment of your claim filing. Offers to Purchase a Claim Certain entities are in the business of purchasing claims for an amount less than the face value of the claims. One or more of these entities may contact the creditor and offer to purchase the claim. Some of the written communications from these entities may easily be confused with official court documentation or communications from the debtor. These entities do not represent the bankruptcy court or the debtor. The creditor has no obligation to sell its claim. However, if the creditor decides to sell its claim, any transfer of such claim is subject to FRBP 3001(e), any applicable provisions of the Bankruptcy Code (11 U.S.C. §101 et seq.), and any applicable orders of the bankruptcy court.
_________DEFINITIONS__________ Debtor A lien may be voluntarily granted by a debtor or may be A debtor is the person, corporation, or other entity that obtained through a court proceeding. In some states, a has filed a bankruptcy case. court judgment is a lien. A claim also may be secured if the creditor owes the debtor money (has a right to Creditor setoff). A creditor is the person, corporation, or other entity owed a debt by the debtor that arose on the date of the Unsecured Claim bankruptcy filing. See 11 U.S.C. §101(10) An unsecured claim is one that does not meet the requirements of a secured claim. A claim may be partly Claim unsecured if the amount of the claim exceeds the value A claim is the creditor's right to receive payment on a of the property on which the creditor has a lien. debt that was owed by the debtor that arose on the date of the bankruptcy filing. See 11 U.S.C. §101(5). A Claim Entitled to Priority Under 11 U.S.C. §507(a) claim may be secured or unsecured. Priority claims are certain categories of unsecured claims that are paid from the available money or Proof of Claim property in a bankruptcy case before other unsecured A proof of claim is a form used by the creditor to claims. indicate the amount of debt owed by the debtor on the date of the bankruptcy filing. The creditor must file Redacted the form with the clerk of the same bankruptcy court A document has been redacted when the person filing it in which the bankruptcy case was filed. has masked, edited out, or otherwise deleted, certain information. A creditor should redact and use only the Secured Claim Under 11 U.S.C. §506(a). last four digits of any social-security, individual's taxidentification, or financial-account number, all but the A secured claim is one backed by a lien on property of initials of a minor's name and only the year of any the debtor. The claim is secured so long as the person's date of birth. creditor has the right to be paid from the property prior to other creditors. The amount of the secured claim Evidence of Perfection cannot exceed the value of the property. Any amount Evidence of perfection may include a mortgage, lien, owed to the creditor in excess of the value of the certificate of title, financing statement, or other property is an unsecured claim. Examples of liens on document showing that the lien has been filed or property include a mortgage on real estate or a security recorded. interest in a car.