What is administrative expense proof of claim form?
A proof of claim is a written statement, usually filed by a creditor, describing the reason for and amount of the debt allegedly owed by the debtor to the creditor. Official Form B10, which is used in completing a proof of claim, is available at the websites of most bankruptcy courts.
Who should file administrative expense proof of claim form?
Usually, creditors file proofs of claim against the debtor. However, § 501 of the Bankruptcy Code, does allow for the trustee, the debtor or any entity liable to the creditor for the debt owed by the debtor to file a proof of claim if the creditor fails to do so. An unsecured creditor must file a proof of claim in order to participate in the claims' adjudication process. Any creditor or equity security holder whose claim or interest is not scheduled by the debtor or is scheduled as disputed, contingent, or unliquidated, must file a proof of claim within the time set by the court.
What information do I provide in administrative expense proof of claim form?
First, review the official form for a proof of claim. The definitions and instructions may also be found on the relevant court’s website. Review the following suggestions regarding completing such forms. The numbers correspond to the numbers on the attached sample official claim form. Complete the name of the court where the case is pending, the name of the debtor (box (1)) and the case number (box (2)). Please note, however, that it is extremely important to review the Notice of Bar Date.
When and Where do I send administrative expense proof of claim form?
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One should generally review the Notice of Bar Date. A Notice of Bar Date may instruct a creditor to send the proof of claim to a bankruptcy claims agent or may simply require that the proof of claim be filed electronically via ECF filing with the respective bankruptcy courts. Additionally, a Notice of Bar Date will specify the address to which the proof of claim must be sent if one is using regular mail or an overnight courier. Generally, filing proofs of claim by fax is not permitted.
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The Notice of Bar Date will instruct whether a proof of claim must be filed against every debtor in a jointly-administered, multi-debtor proceeding and will provide the case number for each debtor.
