Who needs a Proof of Claim (form B10)?
Even if a debtor declares bankruptcy, the creditor has a chance to have his money returned. For this purpose, he should use the proof of claim. This form is furnished to the bankruptcy court and shows the sum of money that the debtor owes to the creditor.
What is the Proof of Claim form for?
In case the bankruptcy trustee finds the debtor’s assets can be sold, the creditors are given a notification to fill out a bankruptcy form B10, Proof of claim. The proof of claim is used to inform the court the sum of money that should be paid to the creditor.
Is the form Proof of Claim accompanied by other forms?
The creditor must attach all the documents that support the form, for example, promissory notes, purchase orders, invoices, contracts, mortgages, security agreements. If the claim is secured, copies of corresponding documents must also be attached.
When is the Bankruptcy Proof of Claim due?
Once the bankruptcy court states the deadline of a proof claim, the creditor should begin to fill out the form and find all the required documents.
How do I fill out the Proof of claim?
While filling out the form, the creditor is to stipulate this information:
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Personal information of the debtor
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Case number
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Personal information of the creditor
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Mailing address for the notices
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Telephone number and email
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Amount of claim
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Basis of claim
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Identification number of the debtor (the last four digits)
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Amount of claim entitled to priority
If the claim is secured, the creditor has to fill out item 4 of the form:
- Nature of property or right of set off (real estate, motor vehicle, other)
- Basis for perfection
- Value of property
- Annual interest rate
- Amount of secured claim
- Amount unsecured
The proof of claim has to be dated and signed.
Where should I send the proof of claim?
When the proof is completed and signed, it must be sent to the bankruptcy court where the corresponding bankruptcy case was started.