Official Procedure Last Change October 22, 2012
Menu item to use: |
Bankruptcy > Claims... > File Claims |
FRBP 2002(g), 3001, 5003(b) |
Outside filers are responsible for ensuring that the correct creditor address is used to docket the claim. An invalid address will likely result in no notices being sent to the creditor. If the address is incorrect, the court will take no corrective action.
If a case has more than 300 creditors, a claims agent will be appointed who is responsible for receiving and maintaining all claims filed in the case. If a claims agent has been appointed, you will be advised during the filing of the claim, and you will need to mail the claim to that agent instead of attempting to file via CM/ECF.
Creditors can only file an administrative claim if (1) an Application for Payment of Administrative Expense or Administrative Claim has been filed and granted by the Court; or (2) professional fees are permitted by General Order/Local Rule; or (3) the case is or began as an involuntary case and the claim arises under 11 U.S.C. Section 502.
Filing Requirements
Proofs of Claims must be filed using Official Form B10, or in a format that substantially complies to that form.
If the claim is secured by a security interest in a debtor’s principal residence, Form B10A must be filed along with the Proof of Claim form.
Note: After filling in the form, you will need to convert it to a PDF file by utilizing either Adobe Acrobat Professional, Adobe Writer, or some other software for making PDF files. Do not use the red Save As... button on the bottom of the form to convert to PDF. Instead, use the Print button and choose your PDF writing software as the printer. You will then be given the option to name and save the PDF file to disk, which you will attach in Step 9 below.
2. Click Bankruptcy > Claims... > File Claims
3. Enter case number (e.g, xx-xxxxx). If filing an amended claim, check the Filing an amended claim box.
4. Click Next
Note: If the case number you entered refers to a case that is either closed or has been transferred to another court (or office within this court), a warning message is displayed. Make sure that you entered the correct case number before proceeding.
5. If you are filing a claim for an administrative expense, click on Add Creditor, enter the creditor name and address in the large text box, select the Yes radio button, then click Next then Submit. Now skip to step 7.
Note: If the creditor name is already listed on the case, you will still need to add it again in order to file an administrative claim. However, CM/ECF will not allow you to add an exact duplicate of a creditor already on the case. Therefore, you will need to ensure that the creditor name and address that you adding differs by at least one character from the record already on the case (e.g. enter Drive instead of Dr).
Note: Before choosing this option, review information in General Information above to make sure that the qualifications are met for filing your claim as an Administrative Claim.
6. Click on the drop down list to display all creditors in the case, or if filing an amended claim, all the creditors in the case that have previously filed claims.
If the correct creditor is shown with the correct address, click on the creditor to select it. Confirm that the creditor displayed in the pop-up window is the correct one. If so click Yes. If not correct, click No and re-select
NON-AMENDED CLAIMS (if you did not check the Amended Claim box in step 3 above): If the creditor is not listed in the drop down list, or if the creditor is listed but not with the correct address, click on (select a creditor) then click Add Creditor, enter creditor information, click Next then Submit
AMENDED CLAIMS (if you checked the Amended Claim box in step 3 above):
If the creditor is not listed in the drop down list, you will not be able to file the claim as Amended. Click the Back button, uncheck the Filing an amended claim check box, and continue from Step 4 above
If the creditor is listed but not with the correct address, select the creditor from the list, then click the X in the top right-hand corner of the Claims filed on behalf of creditor window, which will close the window. Click Edit Creditor, make any alterations needed, then click Submit
7. Select correct filing party from the Filed By: drop-down box
8. If you indicated that this is an Amended Claim:
a. Click the Find button to show all claims filed in the case, and click on the claim number of the claim that is being amended.
Note: You must click the Find button even if you already know the number of the claim you are amending. You cannot just type the number into the box.
b. All the information from the original claim will be shown. To remove the information that is being amended, click on the appropriate radio button at the bottom of the screen
9. In the Amount Claimed box, enter the total amount of the claim (as shown in section 1 of the claim form).
10. If any part of the claim total is secured, enter the secured amount in the Secured box (as shown in Amount of Secured Claim in section 4 of the claim form). Any amount entered in this box should not be more than the amount entered in the previous step.
11. If any part of the claim total is priority, enter the amount entitled to priority in the Priority box (as shown in section 5 of the claim form). Any amount entered in this box should not be more than the amount entered in step 9.
12. Browse to select correct pdf. Click Next
Note: The Notice of Electronic Filing screen will display and provide information regarding the completed filing.)
Curing Deficiencies
If a Proof of Claim contains errors, it can be remedied by filing an Amended Proof of Claim using the instructions above.
If a Proof of Claim contains personal identifiers such as complete Social Security numbers and you wish to request the Court to remove it, follow the instructions in Motion to Remove (if you were the party that filed the claim in question), or Motion for Protective Order (if the claim was filed by another party).