Proof of Claim (United States)
This is a supplemental form to a Bankruptcy and is proof of claim. The form provided here is simply a sample of what the actual Form B10 looks like.
THIS SPACE IS FOR COURT USE ONLY
UNITED STATES BANKRUPTCY COURT _______________ DISTRICT OF ______________
Name of Debtor __________________________
Case Number __________________________
PROOF OF CLAIM
THIS SPACE IS FOR COURT USE ONLY
NOTE: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. A "request" for payment of an administrative expense may be filed pursuant to 11 U.S.C. § 503.
Name of Creditor (The person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Telephone number: __________________________
____ Check box if you are aware that anyone else has filed a proof of claim relating to your claim. Attach copy of statement giving particulars.
____ Check box if you have never received any notices from the bankruptcy court in this case.
____ Check box if the address differs from the address on the envelope sent to you by the court.
Account or other number by which creditor identifies debtor:
Check here if this claim ____ replaces ____ amends previously filed claim, dated:__________
1. Basis for Claim
____ Goods sold
____ Services performed
____ Money loaned
____ Personal injury/wrongful death
____ Other __________________________
____ Retiree benefits as defined in 11 U.S.C. § 1114(a)
____ Wages, salaries, and compensation (fill out below)
Your SS #: _______ ______ _______
Unpaid compensation for services performed
from _________________ (date) to__________________ (date)
2. Date debt was incurred: __________________________
3. If court judgment, date obtained: __________________________
4. Total Amount of Claim at Time Case Filed: $__________________
If all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below.
Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all interest or additional charges.
5. Secured Claim.
____ Check this box if your claim is secured by collateral (including a right of set off).
Brief Description of Collateral:
____ Real Estate
____ Motor Vehicle
____ Other __________________________
Value of Collateral: $__________________________
Amount of arrearage and other charges at time case filed included in secured claim, if any: $__________________________
6. Unsecured Priority Claim.
____ Check this box if you have an unsecured priority claim
Amount entitled to priority $__________________________
Specify the priority of the claim:
____ Wages, salaries, or commissions (up to $4,300),* earned within 90 days before filing of the bankruptcy petition or cessation of the debtor's business, whichever is earlier - 11 U.S.C. § 507(a)(3).
____ Contributions to an employee benefit plan - 11 U.S.C. § 507(a)(4).
____ Up to $1,950* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use - 11 U.S.C. § 507(a)(6).
____ Alimony, maintenance, or support owed to a spouse, former spouse, or child - 11 U.S.C. § 507(a)(7).
____ Taxes or penalties owed to governmental units - 11 U.S.C. § 507(a)(8).
____ Other - Specify applicable paragraph of 11 U.S.C. § 507(a)(____).
*Amounts are subject to adjustment on 4/1/01 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment.
7. Credits: The amount of all payments on this claim has been credited and deducted for the purpose of making this proof of claim.
8. Supporting Documents: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, and evidence of perfection of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the documents are not available, explain. If the documents are voluminous, attach a summary.
9. Date-Stamped Copy: To receive an acknowledgment of the filing of your claim, enclose a stamped, self-addressed envelope and copy of this proof of claim.
Sign and print the name and title, if any, of the creditor or other person authorized to file this claim (attach copy of power of attorney, if any):
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
INSTRUCTIONS FOR FILING IN FORM
The instructions and definitions below are general explanations of the law. In particular types of cases or circumstances, such as bankruptcy cases that are not filed voluntarily by a debtor, there may be exceptions to these general rules.
---- DEFINITIONS ----
The person, corporation, or other entity that has filed a bankruptcy case is called the debtor.
A creditor is any person, corporation, or other entity to whom the debtor owed a debt on the date that the bankruptcy case was filed.
Proof of Claim
A form telling the bankruptcy court how much the debtor owed a creditor at the time the bankruptcy case was filed (the amount of the creditor's claim). This form must be filed with the clerk of the bankruptcy court where the bankruptcy case was filed.
A claim is a secured claim to the extent that the creditor has a lien on property of the debtor (collateral) that gives the creditor the right to be paid from that property before creditors who do not have liens on the property.
Examples of liens are a mortgage on real estate and a security interest in a car, truck, boat, television set, or other item of property. A lien may have been obtained through a court proceeding before the bankruptcy case began; in some states a court judgment is a lien. In addition, to the extent a creditor also owes money to the debtor (has a right of set off), the creditor's claim may be a secured claim. (See also Unsecured Claim.)
If a claim is not a secured claim it is an unsecured claim. A claim may be partly secured and partly unsecured if the property on which a creditor has a lien is not worth enough to pay the creditor in full.
Unsecured Priority Claim
Certain types of unsecured claims are given priority, so they are to be paid in bankruptcy cases before most other unsecured claims (if there is sufficient money or property available to pay these claims). The most common types of priority claims are listed on the proof of claim form. Unsecured claims that are not specifically given priority status by the bankruptcy laws are classified as Unsecured Non-priority Claims.
Items to be completed in Proof of Claim form (if not already filled in)
Court, Name of Debtor, and Case Number:
Fill in the name of the federal judicial district where the bankruptcy case was filed (for example, Central District of California), the name of the debtor in the bankruptcy case, and the bankruptcy case number. If you received a notice of the case from the court, all of this information is near the top of the notice.
Information about Creditor:
Complete the section giving the name, address, and telephone number of the creditor to whom the debtor owes money or property, and the debtor's account number, if any. If anyone else has already filed a proof of claim relating to this debt, if you never received notices from the bankruptcy court about this case, if your address differs from that to which the court sent notice, or if this proof of claim replaces or changes a proof of claim that was already filed, check the appropriate box on the form.
1. Basis for Claim:
Check the type of debt for which the proof of claim is being filed. If the type of debt is not listed, check "Other" and briefly describe the type of debt. If you were an employee of the debtor, fill in your social security number and the dates of work for which you were not paid.
2. Date Debt Incurred:
Fill in the date when the debt first was owed by the debtor.
3. Court Judgments:
If you have a court judgment for this debt, state the date the court entered the judgment.
4. Total Amount of Claim at Time Case Filed:
Fill in the total amount of the entire claim. If interest or other charges in addition to the principal amount of the claim are included, check the appropriate place on the form and attach an itemization of the interest and charges.
5. Secured Claim:
Check the appropriate place if the claim is a secured claim. You must state the type and value of property that is collateral for the claim, attach copies of the documentation of your lien, and state the amount past due on the claim as of the date the bankruptcy case was filed. A claim may be partly secured and partly unsecured. (See DEFINITIONS, above).
6. Unsecured Priority Claim:
Check the appropriate place if you have an unsecured priority claim, and state the amount entitled to priority. (See DEFINITIONS, above). A claim may be partly priority and partly nonpriority if, for example, the claim is for more than the amount given priority by the law. Check the appropriate place to specify the type of priority claim.
By signing this proof of claim, you are stating under oath that in calculating the amount of your claim you have given the debtor credit for all payments received from the debtor.
8. Supporting Documents:
You must attach to this proof of claim form copies of documents that show the debtor owes the debt claimed or, if the documents are too lengthy, a summary of those documents. If documents are not available, you must attach an explanation of why they are not available.