File a Proof of Claim

File a Proof of Claim

You May Need to File a Proof of Claim Form if You Are a Creditor in a Bankruptcy

If you need help filing your proof of claim, contact our law firm for assistance.

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Are you a creditor in a bankruptcy case?

You are a creditor if you are owed money.

There are many kinds of creditors.

As just one example, if you had a severance agreement and all payments were not made, you can file a claim if your prior employer files a chapter 11 bankruptcy.

Just because the debtor filed bankruptcy doesn’t mean you’ll never see a penny.

In many cases—particularly a Chapter 7 bankruptcy—the court will find no assets it can liquidate to pay your debt. In other cases, like a Chapter 13 case, the debtor makes monthly payments for three to five years. So you will have a fair chance of getting something out of it, but only if you take the time to fill out, document, and file a proof of claim form. Also, in Chapter 11 cases, you can also file a proof of claim. This article will help guide you through the form if you’ve been named as a creditor in a bankruptcy case.

As of April 2016, the bankruptcy courts have required a new style of the claim form. In a lot of ways, it’s easier for creditors to navigate. It also contains a lot more explanation and notes than the previous versions. Some websites like Prime Clerk centralize the process of filing a proof of claim.

At the top of the form, there is a box to identify the debtor by name, the pending case number, and the bankruptcy court in which the case is pending. You can determine the name of the bankruptcy court and the case number by looking at the other documents you have received from the court or the clerk.

Next, comes a series of questions that identify your claim:

Who is the Current Creditor? If you’re the creditor or you represent the creditor, identify that here.

Has This Claim Been Acquired From Someone Else? If you bought or otherwise obtained the right to the claim from another person or a company, identify the person or company.

Where Should Notices and Payments to the Creditor be Sent? You will enter your details here, including your name and contact details. If the address to which payments should be sent is different, enter this in the appropriate section as well.

Does This Claim Amend one Already Filed? The court’s claims registry is the court’s list of claims filed in a case. Each claim receives a unique number. If this is an amended claim, you can obtain the number for the original from the office of the clerk for the bankruptcy court where the case is pending.

Do You Know if Anyone Else has Filed a Proof of Claim for This Claim? Perhaps there are two claimants for the same money. You must input the name of that creditor if it applies.

Do You Have any Number You use to Identify the Claim? This identification number would be how you identify the claim in your system, like the debtor’s account number.

How Much is the Claim? Insert now much the debtor owes you. Remember, you will be required to support your claim with additional documentation if it is available.

List if the claim includes any interest or other charges already accrued, state that in the space provided.

What is the Basis of the Claim? This section is where you would put the nature of your claim. Some examples listed are “goods sold,” “money loaned,” or “services performed.” Those are just examples. You are not limited—you can provide whatever description best fits your claim.

Is all or a Part of the Claim Secured? If the debtor puts up collateral on the debt, it is secured. Whether the claim is fully or partially secured depends on the amount owed and the collateral’s value. The claim is only secured up to the value of the collateral. Beyond that, the claim is unsecured.

This question also asks if the security agreement is perfected. That refers to how the security agreement is registered, recorded, or otherwise made available for interested parties to discover.

Is the Claim Based on a Lease? Include the amount needed to cure the defaulted lease as of the date the bankruptcy case was filed.

Is the Claim Subject to a Right of Setoff? If the debtor owes you money, and you owe the debtor money, they may cancel each other out—at least partially. This tradeoff is known as a right of setoff. Identify the property you have that could be setoff against the claim.

For instance, if you have a deposit account at the bank, the bank owes you that money. If you also borrowed $1,000 from the bank, the bank could apply the $500 it owes you against the $1,000 you owe the bank. In that case, the property you identify is the bank account.

Is This Claim Entitled to Priority Under 11 U.S.C. Sec. 507(a)? There are several classes of debt that are entitled to priority. These debts will be paid before other types of debt if there isn’t enough money to pay all approved claims in full. Understanding the difference between a priority claim and a non-priority claim can be tricky, and you should consult a qualified bankruptcy attorney to help you.

Finally, you are required to identify yourself and sign the claim form. Every claim form is signed under penalty of perjury, which means you can be prosecuted, and filed or jailed for lying on the form.

Supporting Documentation

You need to file any supporting documentation you have with your claim form. This documentation will include promissory notes, contracts, invoices, security agreements, or other writings that prove the agreement. You may submit things like monthly statements, pay records, and ledgers. The supporting documents together should show:

That a legal debt exists

The debt balance owed

Without the supporting documents—which are required under the bankruptcy rules—the proof of claim is incomplete and will likely draw an objection from the trustee or the debtor.

When to File a Proof of Claim (chapter 7, chapter 13, chapter 11)

In a Chapter 7 case, if the bankruptcy trustee finds assets of the debtor that he or she can sell or liquidate, he will notify the creditors that there will be a distribution. In that case, you will be notified of a deadline to file a proof of claim form — a form you must file if you wish to be considered for payment. If you don’t, no payment will be made, even if the claim is valid.

In a Chapter 13 case, you will have to file your claim form 90 days after the meeting of creditors. You will not be paid unless you file a proof of claim. If your debt is secured, but you file no claim form, the debtor can file one for you to ensure you’re paid. When that happens, you have no control over what the debtor includes in the form, but you can amend it.

In a Chapter 11 case, watch the deadline. Don’t miss the deadline!

Objections to Proof of Claim – The bankruptcy court approves most proofs of claim. But in some cases, the debtor, trustee, or another party can object to your claim before a judge grants that approval. Here are some common reasons that may apply:

If the claim amount is incorrect

If the claim indicates a debt is secured when it is not

If the creditor fails to provide any supporting documentation

Any objections must be received in writing by the bankruptcy court, with a copy served to the creditor at least 30 days before a hearing.

Summary:  If you’re a creditor who has been named in a bankruptcy case, you can’t stake your claim unless you file a special form and submit it to the bankruptcy court in a timely fashion. This process is known as the proof of claim, which can be downloaded from the U.S. Courts website. Keep in mind that you’ll need to support your claim with documents that establish a relationship that exists with the debtor, outlining the nature of the debt and how much money you’re owed.

Below is an example of a list of businesses that have filed for bankruptcy (updated 7-14-2020)

24 Hour Fitness Worldwide, Inc.

A

A’GACI, L.L.C.

Abeinsa Holding Inc.

Abeinsa Litigation Trust

Abengoa Bioenergy US Holding, LLC

Abengoa Concessions Investments Limited

Abengoa, S.A.

Absolut Facilities Management, LLC

Aceto Corporation

Aceto Corporation Creditors’ Committee

Adinath Corp. and Simply Fashion Stores, Ltd.

Aegerion Pharmaceuticals, Inc.

Aereo, Inc.

Aerogroup International, Inc.

Alco Stores, Inc.

Allied Nevada Gold Corp.

Alta Mesa Resources, Inc.

Altegrity, Inc.

Altos Hornos de México, S.A.B. de C.V. (Chapter 15)

American Commercial Lines Inc.

American Standard Energy, Corp.

Angelica Corporation

Anna Holdings Inc. (Acosta)

APP Winddown, LLC (f/k/a American Apparel, LLC)

Appvion, Inc. (n/k/a Oldapco, Inc.)

Aralez Pharmaceuticals US Inc.

Arch Coal, Inc.

ARO Liquidation, Inc. (f/k/a Aeropostale, Inc.)

Arpeni Pratama Ocean Line Investment B.V.

Arsenal Energy Holdings LLC

Arsenal Resources Development LLC

AS Wind Down, LLC (f/k/a Avenue Stores, LLC)

Ascent Resources Marcellus Holdings, LLC

Ashley Stewart Holdings, Inc.

Aspect Software Parent, Inc.

Aurora Commercial Corp.

Autoseis, Inc. (Global Geophysical Services) (2014)

Avaya Inc.

Avaya Inc. Creditors’ Committee

B

Bertucci’s Holdings, Inc.

BIND Therapeutics, Inc. (n/k/a DNIB Unwind, Inc.)

Blackhawk Mining, LLC

Blackjewel, L.L.C.

Bluestem Brands, Inc.

Boart Longyear Limited

Bonanza Creek Energy, Inc.

BPS US Holdings Inc. (n/k/a Old BPSUSH Inc.)

Breitburn Energy Partners LP

Breitburn Energy Partners LP Creditors’ Committee

Breitburn Energy Partners LP Equity Committee

Bristow Group Inc.

Brooks Brothers Group, Inc.

Buckingham Oil Interests, Inc.

Bumble Bee Parent, Inc.

C

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<li>Wonder LLC</li>

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Caesars Entertainment Operating Company, Inc.

Capitol Lakes, Inc.

Capsule International (f/k/a Constar International)

Castex Energy Partners, L.P.

Catalina Marketing Corporation

CEC Entertainment, Inc.

Central Grocers, Inc.

Centric Brands Inc.

Cenveo, Inc.

Cetera Financial Holdings, Inc.

CGG Holding (U.S.) Inc.

CGG S.A.

CGI Joliet, LLC

Channel Technologies Group, LLC

Charming Charlie Holdings Inc.

Chassix Holdings, Inc.

Claire’s Stores, Inc.

Cloud Peak Energy Inc.

CMTSU Liquidation, Inc. (f/k/a CIBER, Inc.)

Cocoa Services, L.L.C.

Commonwealth of Puerto Rico

Commonwealth of Puerto Rico (Creditors’ Committee)

Commonwealth of Puerto Rico (ERS Claims Objections)

Congoleum Corporation

Cook Inlet Energy, LLC (Miller Energy Resources)

Covia Holdings Corporation

CraftWorks Parent, LLC

Crumbs Bake Shop, Inc.

CTI Foods, LLC

Cubic Energy, Inc.

CWC Liquidation Inc. (f/k/a Coldwater Creek Inc.)

D

DACCO Transmission Parts (NY), Inc. (Transtar Holding Company)

DB Holdings Liquidation, Inc. (f/k/a DirectBuy Holdings, Inc.)

DB Holdings Liquidation, Inc. (f/k/a DirectBuy Holdings, Inc.) Creditors’ Committee

dELiA*s, Inc.

Deluxe Entertainment Services Group Inc.

Dendreon Corporation

Destination Maternity Corporation

Diamond Offshore Drilling, Inc.

Dixie Electric, LLC

Doral Financial Corporation Creditors’ Committee

Dune Energy, Inc.

Dura Automotive Systems, LLC

E

EB Holdings II, Inc.

EdgeMarc Energy Holdings, LLC

Energy &amp; Exploration Partners, Inc.

Entegra Power Group LLC

EOGH Liquidation, Inc. (f/k/a East Orange General Hospital, Inc.)

EOGH Liquidation, Inc. Creditors’ Committee

EP Energy Corporation

Essar Steel Algoma Inc.

EV Energy Partners, L.P.

EveryWare Global, Inc.

Exide Holdings, Inc. (2020)

Exide Technologies, LLC (2013)

Expro Holdings US Inc.

Ezra Holdings Limited

F

Fairway Energy, LP

Fairway Group Holdings Corp.

Fieldwood Energy LLC

Filmed Entertainment Inc.

FirstEnergy Solutions Corp.

FL 6801 Spirits LLC

Foresight Energy LP

Forever 21, Inc.

Fortis Management Holdings, Inc. and Related Entities

Frank Theatres Bayonne/South Cove, LLC

Fresh and Easy Neighborhood Market Inc. (n/k/a Old FENM Inc.)

Frontier Communications Corporation

FULLBEAUTY Brands Holding Corp.

Furie Operating Alaska, LLC

Fusion Connect, Inc.

G

Gawker Media, LLC

GCX Limited

Gemstone Solutions Group, Inc. (f/k/a Gymboree Group, Inc.) (2019)

General Wireless Operations Inc. dba RadioShack

Geokinetics Inc.

Gibson Brands, Inc.

Global A&amp;T Electronics Ltd.

Global Brokerage, Inc.

Global Geophysical Services, LLC (2016)

GNC Holdings, Inc.

Golfsmith International Holdings, Inc.

Gracious Home LLC

Great Atlantic &amp; Pacific Tea Company, Inc., The

Green Field Energy Services, Inc.

GSE Environmental, Inc.

GulfMark Offshore, Inc.

Gymboree Corporation, The (2017)

H

Hercules Offshore, Inc. (2015)

Hercules Offshore, Inc. (2016)

Hertz Corporation, The

Hexion Holdings LLC Rights Offering

HGIM Holdings, LLC

HHH Choices Health Plan, LLC

High Ridge Brands Co.

Hollister Construction Services, LLC

Hospital Acquisition LLC (LifeCare)

Hovensa, L.L.C.

I

iHeartMedia, Inc.

Imerys Talc America, Inc.

Intelsat S.A. Committee Website

Interlogic Outsourcing, Inc.

Internap Technology Solutions Inc.

International Shipholding Corporation

Inversiones Alsacia S.A.

J

J &amp; M Sales Inc.

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<li>C. Penney Company, Inc.</li>

</ol>

Jack Cooper Ventures, Inc.

K

Kaiser Gypsum Company, Inc.

KaloBios Pharmaceuticals, Inc.

Kingfisher Midstream, LLC

L

LATAM Airlines Group S.A.

Legend Parent, Inc. (M*Modal)

Libbey Glass Inc.

Light Tower Rentals, Inc.

Lily Robotics, Inc. (n/k/a Drone LC, Inc.)

Linn Energy, LLC

LSC Communications, Inc.

LSC Communications, Inc. Creditors’ Committee

Lucky Dragon Hotel &amp; Casino, LLC

M

M &amp; G USA Corporation

Mach Gen, LLC

Magnum Hunter Resources Corporation

Magnum Hunter Resources Creditors’ Committee

Marsh Supermarkets Holding, LLC

Maxcom USA Telecom, Inc.

Maxus Energy Corporation

McDermott International, Inc.

MEE Apparel LLC

MIG, LLC

Milagro Oil &amp; Gas, Inc. (n/k/a MWO Holdings, LLC)

Millennium Corporate and Lender Trusts

Millennium Lab Holdings II, LLC

Miller Energy Resources, Inc. (Cook Inlet Energy)

Mineral Park, Inc.

Modell’s Sporting Goods, Inc.

Molycorp Minerals, LLC

Molycorp, Inc.

Monitronics International, Inc.

Montreal Maine &amp; Atlantic Railway, Ltd.

Mountain Creek Resort, Inc.

Mountain Creek Resort, Inc. Creditors’ Committee

Murray Energy Holdings Co.

Murray Metallurgical Coal Holdings, LLC

N

Najeeb Ahmed Khan

National Stores, Inc.

New Cotai Holdings, LLC

New Gulf Resources, LLC

New MACH Gen, LLC

NewZoom, Inc.

NII Holdings, Inc.

Nine West Holdings, Inc.

Nine West Holdings, Inc. Creditors’ Committee

Nine West Holdings, Inc. Litigation Trust

Noble Logistics, Inc.

Noranda Aluminum, Inc.

NorthEast Gas Generation, LLC

Northshore Mainland Services Inc. (Baha Mar Ltd.)

Northstar Offshore Group, LLC

Nuverra Environmental Solutions, Inc.

O

Ocean Rig UDW Inc. (In Provisional Liquidation)

Oldapco, Inc. (f/k/a Appvion, Inc.)

Optim Energy, LLC

Orchard Acquisition Company, LLC

Orchids Paper Products Company

Outer Harbor Terminal, LLC

P

Pacific Drilling S.A.

Pacific Sunwear of California, Inc.

Paddock Enterprises, LLC

Panda Temple Power, LLC

Paragon Offshore plc Creditors’ Committee

Parallel Energy LP

Parker Drilling Company

Patriot Coal Corporation

Patriot National, Inc.

Payless Holdings LLC (2017)

Payless Holdings LLC (2019)

Pernix Therapeutics/Pernix Sleep, Inc.

PG&amp;E Corporation

PHI, Inc.

Promise Healthcare Group, LLC

Purdue Pharma L.P.

Pyxus International, Inc.

Q

QCE Finance LLC (Quiznos)

R

R.E. Gas Development, LLC

RCS Capital Corporation

RCS Creditor Trust

REAL ALLOY – Real Industry, Inc.

Real Industry, Inc. Creditors’ Committee

Relativity Media, LLC

Relay Shoe Company, LLC, The (f/k/a The Rockport Company, LLC)

Remington Outdoor Company, Inc.

Rentech WP U.S., Inc.

RentPath Holdings, Inc.

Republic Airways Holdings Inc.

RMH Franchise Holdings, Inc.

RS Legacy Corporation (f/k/a RadioShack Corporation)

RTW Retailwinds, Inc.

RWRF, Inc. (f/k/a B. Lane, Inc. d/b/a Fashion to Figure)

S

Sabine Oil &amp; Gas Corporation

Sabine Oil &amp; Gas Corporation Creditors’ Committee

Sable Permian Resources, LLC

Saint Michael’s Medical Center, Inc.

Samuels Jewelers, Inc.

Sanchez Energy Corporation

SandRidge Energy, Inc.

Sarar USA, Inc.

Sbarro LLC

Scottish Holdings Inc.

Seadrill Limited

Sears Holdings Corporation

Sears Holdings Corporation Creditors’ Committee

Seventy Seven Finance Inc.

SH130 Concession Company

Sheridan Holding Company I, LLC

Sheridan Holding Company II, LLC

Shoreline Energy LLC

SIGA Technologies, Inc.

Simplexity, LLC

Southeastern Grocers, LLC

Specialty Retail Shops Holding Corp. (Shopko)

SquareTwo Financial Services Corporation

SRC Liquidation Company (f/k/a The Standard Register Company)

Stearns Holdings, LLC

SunEdison, Inc.

SunEdison, Inc. Creditors’ Committee

SunEdison, Inc. Litigation Trust

Sungard Availability Services Capital, Inc.

Synergy Pharmaceuticals Inc.

T

Taco Bueno Restaurants, Inc.

Tactical Intermediate Holdings, Inc.

Takata Airbag Inflator Claim and Notification Center

The Bon-Ton Stores, Inc.

Things Remembered, Inc.

TK Holdings Inc.

Toys “R” Us Property Company I, LLC

Toys “R” Us, Inc.

Transtar Holding Company (DACCO Transmission Parts (NY), Inc.)

Triangle USA Petroleum Corporation

Tribune Creditor Litigation

Tribune Trust Litigation

True Religion Apparel, Inc.

Trump Entertainment Resorts, Inc.

Turnberry/MGM Grand Towers, LLC

Tuscany Int’l Holdings

U

Ultra Petroleum Corp.

Ultrapetrol (Bahamas) Limited

Unit Corporation

Universal Cooperatives, Inc.

V

Vanguard Natural Resources, Inc. (2019)

Vanguard Natural Resources, LLC (2017)

Venoco, LLC

Verso Corporation

Violin Memory, Inc.

W

Walter Investment Management Corporation

Weatherford International plc

Windsor Petroleum Transport Corp.

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