How to Register Yourself As a Creditor When a Company Files for Bankruptcy Protection
Two types of bankruptcy options exist for a business. A Chapter 7 bankruptcy permits a business to cease operations and obtain a discharge of all or most of its debts. A Chapter 11 bankruptcy allows a business to keep running, reorganize its operations, restructure its financial obligations and pay-off some or all of its debts. No matter the type of bankruptcy a business pursues, if you desire to register as a creditor, you must follow a specific procedure mandated by the United States Bankruptcy Code.
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Instructions
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Obtain a proof of claim form. Technically speaking, the company in bankruptcy is required to name all creditors in its bankruptcy filing. Each of these named creditors receives a proof of claim form from the bankruptcy court immediately after the case commences. If you do not receive the proof of claim within a week to ten days of the start of the case, telephone the Clerk of the bankruptcy court and have the form mailed to you.
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Complete the proof of claim form by inserting your name and contact information. The specific information about the debtor, including the case number, typically is pre-printed on the form. If not present, telephone the Clerk to obtain this data.
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Include the specific amount of money due to you from the business in bankruptcy.
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Sign the proof of claim form once completed.
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Deliver the proof of claim form to the bankruptcy Court Clerk. Pay close attention to the deadline for submitting the form. This information should be printed on the document. If not present, contact the Court Clerk to confirm the deadline.
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Send the proof of claim via certified mail if you do not deliver it personally to the Court Clerk. Certified mail provides you confirmation of delivery should meeting the deadline ever become an issue.
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