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FAQs for Creditors
How do I file a proof of claim?
If you have been listed as a creditor in a bankruptcy case, you will receive a written notice from the Clerk's office in the mail after the bankruptcy has been filed. The notice will tell you if there is a deadline for filing claims.
If the original notice you receive from the Clerk's office does not contain a deadline for filing proofs of claim (which is usually the case in Chapter 7 cases), you may subsequently receive a "Notice to File a Proof of Claim," if the trustee later determines that there are assets available for distribution in the case. This notice will also contain the deadline for filing claims with the court.
If you are informed of a claim deadline you may obtain one from the Clerk's office or click here for a proof of claim form. The claim form should be filled out completely and should include any attachments needed to support your claim. DO NOT SUBMIT ORIGINAL BACKUP DOCUMENTATION to support your claim; it will not be returned to you. The original claim must have your signature on it (not a stamp or copy). You must return the original of your completed claim, with all attachments, to the Clerk's office by the deadline for filing claims. This means the Clerk's office must receive the claim form by that date, not that you mail it by that date.
If you wish to have proof that your claim was timely filed, please bring an extra copy to the Clerk's Office. The clerk will file stamp the extra copy and return it to you. If you are mailing it, please include an extra copy with a self-addressed, stamped envelope with enough postage to cover return mailing costs.
The Clerk will file stamp the extra copy and return it to you.
Requests for information regarding when a claim will be paid should be directed to the trustee assigned to the case, whose name and telephone number can be found on the Creditor’s Meeting Notice that you receive from the Clerk's office.
When should I file a Proof of Claim with the Court?
In virtually all Chapter 7 cases, the first notice you receive from the Clerk's office will tell you not to file a claim until told to do so at a later date. Upon examination of the debtor, if the case trustee believes the Chapter 7 case may have nonexempt assets available for distribution to creditors, he/she will notify the Clerk's office to send a special notice to creditors to file claims and establishing a claims filing deadline. If you receive a notice that sets a deadline for filing claims, you must timely file the proof of claim with the Clerk's office in order to be eligible to participate in any distribution in the case. If you are mailing your claim to the Clerk's office, you must ensure that it is received by the filing deadline in order to be considered timely filed. In Chapter 11 and 13 cases, the first notice you receive from the Clerk's office will contain a deadline for filing claims. If you want to participate in the debtor's repayment plan, you MUST file a proof of claim with the Clerk's office by the deadline indicated on the notice. Your claim must be received by the Clerk's office by this deadline (not mailed by that date).
If someone who owes you money has filed bankruptcy, but you have not received a written notice about the bankruptcy, you can submit to the Clerk's office a written Request to be Added to the Creditor Mailing List. Include your mailing address in this request so that the Clerk's office can add you to the creditor list and send you future notices about the debtor's bankruptcy case.
A company or individual has filed for bankruptcy and owes us money. What do we do?
If you have been listed as a creditor in the bankruptcy case, you will receive a written notice in the mail from the Clerk's office advising you of the case filing, the date for the Meeting of Creditors and any important case deadlines. This notice will also tell you whether or not you should file a claim in the bankruptcy case at that time, and the deadline for filing the claim if one is to be filed. The notice will also give you important deadlines for filing complaints to object to a debtor's discharge or dischargeability of certain debts