How to Prepare a Proof of Claim on Behalf of the Creditor
Creditors dread receiving a notice that one of their debtors has filed for bankruptcy. A bankruptcy notice means a debtor who may be past due on payments is no longer going to make any payments. Many times, a creditor must compete with other creditors to receive cents on the dollar of the amount owed and probably will have to write off most of the balance the debtor owes. A creditor must prepare a proof of claim in the bankruptcy to receive money from the bankruptcy trustee.
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Instructions
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1
Fill in the case information at the top of the "Official Form 10," the United States Bankruptcy Court Proof of Claim form. Include the name of the district where the debtor filed bankruptcy, the case number and the debtor's name.
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2
Provide the creditor's name in the "Name of Creditor" field, and the name, address and telephone number where you want notices regarding the bankruptcy to be sent and where you want payments to be sent.
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3
Enter the amount of the creditor's claim in the blank in Section 1. Enter the amount as of the date the debtor filed for bankruptcy. Check the box in Section 1 if the amount owed includes interest, finance charges or other fees in addition to the principal amount of a claim. If you check the box, prepare a statement that details the interest and fees.
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4
Enter a brief description of why the debtor owes the creditor money in Section 2. The basis for the claim may be a loan, a credit card debt, services the creditor performed for the debtor and the like.
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5
Enter the last four digits of any account number by which the creditor identifies the debtor in Section 3. If the debtor may have listed the creditor under another name or alias, enter that information in Section 3a. For example, if the creditor's business changed its name, the debtor may have listed the creditor under its former name.
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6
Enter information in Section 4 only if the creditor's claim is secured by a lien on the debtor's property. For example, if the creditor lent the debtor money to buy a car, and the debtor's car secures the loan, you should complete Section 4. Check the appropriate box to indicate whether the property that secures the debt is real estate, a motor vehicle or other property. Fill in the value of the property, the interest rate, the amount the debtor was past due when he filed for bankruptcy, what documentary evidence of the debt the creditor has, and the amount of the secured and unsecured debts the creditor claims.
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Check the appropriate box in Section 5 if the creditor's claim is for alimony or child support; wages or employee benefit plan contributions; deposits for property or services for personal use; taxes or another priority claim. Fill in the amount the creditor claims as having priority status.
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8
Attach copies of documents that support the claim, such as promissory notes, invoices, account statements, judgments and so forth. You may summarize this information. If documents are unavailable, explain why and attach your explanation to the proof of claim.
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9
Sign the claim on behalf of the creditor. Print your name and title, and attach a power of attorney if you are the creditor's attorney-in-fact. Write the date of the claim in the "date" box.
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10
Make a copy of the claim and any documents attached to the claim. Mail the original claim to the address specified in the notice of bankruptcy. Include a self-addressed, stamped envelope to receive acknowledgment that your claim was filed.
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Tips & Warnings
Redact any personal information from attachments. Mask or cross out all but the last four digits of Social Security numbers, tax identification numbers and financial account numbers. Include only the initials of any minor's name and only the year of a person's date of birth.
Making a false statement on a proof of claim is a crime. Be sure the information you enter is accurate.
