FILE A PROOF OF CLAIM (Recent security enhancements require Internet Explorer 8 or the latest Chrome/Firefox web browser)
►FILE A CLAIM ELECTRONICALLY
Creditors are now able to file Proof of Claim forms for all chapters electronically. A CM/ECF login/password is not required.
The Electronic Proof of Claim (ePOC) program contains a fillable Form B410 Proof of Claim. (Instructions) Supplemental documentation to the claim may be attached.
The address of the creditor is automatically added to the mailing matrix of a case when a proof of claim is filed to ensure service of case-wide documents.
Amended Claims - Check the box indicating that the claim amends a previously filed claim. Select the court claim number.
The full name and title of a creditor or other person authorized to file a proof of claim must appear on the form. If a party other than the creditor is filing the proof of claim, the address of that party must be included. Filing a proof of claim electronically deems the claim signed by the creditor or authorized person.
IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact Social Security or taxpayer-identification numbers; dates of birth; names of minor children; and financial account numbers, in compliance with Fed. R. Bankr. P. 9037. This requirement applies to all documents, including attachments.
Penalty for filing fraudulent claim: Fine of up to $500,000, imprisonment for up to 5 years or both. 18 U.S.C. §152 and 3571.
►INSTRUCTIONS FOR ELECTRONICALLY FILING A PROOF OF CLAIM
Follow the FILE A PROOF OF CLAIM link above and enter the case number of the case in which you wish to file a claim. Next, enter the creditor name, and then select who is filing the claim from the drop down box. This may be the creditor, creditor attorney, debtor, debtor attorney or the trustee. When done, click next.
Click in the circle beside the correct creditor name, or select “Creditor not listed” if the name does not appear in this list. Next you will see the fillable proof of claim form. The case information will be populated for you, and you need only provide your information and information regarding the claim. For step-by-step instructions, click the “See instruction” links throughout the form.
►WITHDRAW A CLAIM ELECTRONICALLY
• Creditors will be able to withdraw their Proof of Claim(s) for all chapters electronically. A CM/ECF login/password is not required.
• Notice of the withdrawal of claim will be electronically mailed to all attorney and trustee parties associated in the case.
Penalty for making a false statement: Fine of up to $500,000, imprisonment for up to 5 years or both. 18 U.S.C. §152 and 3571.
►INSTRUCTIONS FOR ELECTRONICALLY FILING A WITHDRAWAL OF CLAIM
Follow the WITHDRAW A PROOF OF CLAIM link above and select “Withdraw Claim”. Enter the case number of the case in which you wish to withdraw a claim. Next, enter the creditor name. Read the Important Notice of Redaction Responsibility, and place a checkmark in the box to indicate you read and understand the notice. When done, click [Next].
On the next screen, place a checkmark in the box next to the claim number(s) you wish to withdraw. Attach a PDF Notice of Withdrawal of Claim. Do NOT attach the Proof of Claim being withdrawn in place of a formal notice of withdrawal. Enter the verification code shown at the bottom of the screen, then click [Submit Withdrawal of Claim]. The next screen will verify the withdrawal, and allow you to file additional withdrawals, if needed.
►HELPFUL TIPS FOR FILING A PROOF OF CLAIM
Verify the debtor(s) name and case number prior to submitting the Proof of Claim. The fillable form will display the case number and Debtor's name at the top of the form. If you have entered the incorrect case number, simply use the 'Back' button to return to the first screen to enter the correct case number.
If you are a creditor's attorney filing the claim, be sure to indicate the appropriate payment address for the creditor. If a separate payment address is not entered, any funds will be sent to the creditor at the address shown on the claim form.
If you are amending a claim for any reason, be sure to check the 'Amends' box on the claim form.
Verify the dollar amounts you have entered. The total amount claimed is required in Item 7. Do not use commas or dollar signs when entering a dollar amount in any of the boxes.
If there is supporting documentation for your claim, select 'Yes' at the bottom of the form (before the signature line). After clicking on 'Submit Claim', you will be able to attach your documentation.
If you are entering zero for the amount owed because the amount is unknown at the time of filing the claim, be sure to use the 4 digits 00.00. The form will not accept any other combination. Attach the appropriate documentation to you claim to explain the zero amount.
If there is insufficient space in the blocks provided on the fillable claim form to enter information you wish to provide regarding the basis of your claim, please attach that information as supporting documentation.
It is not necessary to type an “s/” on the signature line. Type your name only.
►FREQUENTLY ASKED QUESTIONS
Can I file an electronic proof of claim in any chapter case?
Do I need to attach the B410 form as an attachment?
No, the fillable form will create the B410 Proof of Claim form. Any attachments should consist of supporting documentation to the Proof of Claim.
Will the claim appear on the claims register?
The claim will immediately appear on the claims register upon submitting the proof of claim.
Can I get a file-stamped acknowledgment of the Proof of Claim?
Yes, the Court's claim number will display with a link to the electronically file stamped proof of claim upon submitting the proof of claim. The claim will be file stamped as of the entry date. It is recommended that the claim is printed or saved at this time.
Will the Trustee and the Attorney for the Debtor be served with the Proof of Claim?
Yes, they will receive electronic notification of the claim filed. You do not need to file a separate paper claim with the Trustee's office.
Will the Trustee and the Attorney for the Debtor be served with the Withdrawal of Claim?
Yes, they will receive electronic notification of the notice of withdrawal.
I filed a claim and my attachments did not properly attach to the claim filed. How do I get the supporting documentation filed?
1. Ensure that the attachment(s) is in PDF format and is being submitted in black and white (no color documents).
2. Confirm that each PDF document being attached is less than 30 MB in size.
3. File an amended claim and attach the correct PDF images.
4. When filing an amended claim, check the box that designates that the claim is amended. Select the claim number of the claim to be amended.
5. Attachments must be added by the process above. Amendments should not be mailed to the Clerk’s office unless you are specifically requested to do so.
Is a signature required on the Proof of Claim?
Yes. Type the name and title, if any, of the person authorized to file the claim on behalf of the creditor. A copy of the power of attorney, if any, should be attached to the claim. The filing of the claim electronically deems the claim signed by the creditor or authorized person.
I am a creditor's attorney and will be filing a claim on behalf of my client. How do I record the creditor address and my address as an attorney?
When filing the claim, there is a drop-down box on the first screen which allows you, the filer, to select who is submitting the claim. The options are: Creditor; Creditor's Attorney; Debtor; Debtor's Attorney; or Trustee. If the attorney is the filer, you will be able to add the attorney name, and address and select the creditor's name from the listing of creditors in the case or if the creditor is not listed or listed incorrectly, you are able to add the correct creditor. Both names and addresses will be added to the mailing matrix and displayed on the proof of claim and claims register.
I need to amend a claim. How do I do this?
When completing the fillable claim form, check the "Yes" box (under item 4) to indicate that the claim amends a previously filed claim. You can then select the Court claim number and/or date of the previous claim.
At the time of filing my claim, I don't know the amount due. How do I enter "Unknown" in the amount for the claim?
In the amount box, enter: 00.00. Attach documentation to the claim explaining the reason the 00.00 was entered. Once you know the amount of the claim, file an amended claim.
Can I include a separate address for payments?
Yes, check the box indicating that the Payment Address differs from Notice Address. An additional address field will appear for this alternative address.
How will I know the treatment of my claim by the Chapter 13 Trustee?
Check the website of the Chapter 13 Trustee assigned to the case or contact the Chapter 13 Trustee’s office. To access the Chapter 13 Trustee websites, go to www.13network.com and select the Trustee office assigned to the case. The Trustees are listed by state. Access to the individual websites requires a login and password. There are instructions on each office’s home page regarding web access. The data available on the Trustee’s website is current as of the previous day.
If my claim has been paid, should I file a Withdrawal of Claim?
No. A withdrawal of claim is typically filed when a claim was filed in error and there are no funds due from the creditor from the estate. If you file a withdrawal of claim in a case where you have received distributions from the Trustee, the Trustee’s office will contact you regarding a refund of those funds.