This is our part two here. In the first post, we had defined various actors like debtor, creditor, unsecured creditor, priority of claims. In this post, we would address how to file proof of claims. It is important if you need to get some money from the estate, and the bankruptcy has been transformed to an Asset kind of bankruptcy.
Court, Name of Debt, and Case Number.
Fill in the name of the federal jurisdiction where the bankruptcy case was filed, the name of the debtor in the bankruptcy case, and the bankruptcy case number. If you received a notice from the bankruptcy, all of this information is near the top of the notice.
Information About the Creditor.
Complete the section giving the name, address, and telephone number of the creditor to whom the debtor owes money or property, and the debtor’s account number, if any. If anyone has already filed a proof of claim relating to this debt, if you never received notices from the bankruptcy court about this case, if your address differs from that to which the court send notice, or if this proof of claim replaces or changes a proof of claim that was already filed, check the appropriate box on this form.
Basis for Claim
Check the type of debt for which the proof of claim is being filed. If the type of debt is not listed, check “Other” and briefly describe the type of debt. If you were an employee of the debtor fill out your social security number and the dates of work for which you were not paid.
Date Debt Incurred.
Fill in the date when the debt was first owed by the debtor.
If you have a court judgment for this debtor, state the date the court entered the judgment.
Total Amount of Claims at Time Case Was Filed.
Fill in the total amount of the entire claim. If interest or other charges in addition to the principal amount of the claim are included, check the appropriate place on the form and attach an itemization of the interest and charges.
Check the appropriate place if the claim is a secured claim. You must state the type and value of property that is collateral for the claim. Attach copies of the documentation of your lien, and state the amount past due on the claim as of the date the bankruptcy case was filed. A claim may be part secured and party unsecured.
Unsecured Non Priority Claim
Check the appropriate place if you have an unsecured priority claim, and state the amount entitled to priority.
By signing this proof of claim, you are stating under oath that in calculating the amount of your claim you have given the debtor credit for all payments received from the debtor.
Finally, you must attach to this proof of claims form copies of documents that show the debtor owes the debt claimed or, if the documents are too lengthy, a summary of these documents.