Hi, this is Jonathan Ginsberg. Today, I'd like to explain a term that you may sometimes hear in a bankruptcy case, and that term is "proof of claim." If you go to your Chapter 7 or Chapter 13 341 hearing, typically in a Chapter 13 case, you may hear the trustee talk about a proof of claim that the creditor has filed. If you have an asset chapter 7 case where there's money to be distributed, you may receive something in the mail where the trustee is asking creditors to fill out a proof of claim. Basically, what this is, is a form where the creditor writes down how much is owed. These are publicly available, and what I always do is I always look at the claims file, the proofs of claim that are filed by creditors, to see if I have any basis to object to them, because sometimes creditors file proofs of claim that have mistakes. I've seen several situations. One is if you have a creditor that also has a collection agency. I've seen situations where both the creditor and the collection agency file without identifying that one represents the other, and the trustee, especially in Chapter 13, sets up to pay both of them. That means you're paying double for the same debt. That's not appropriate. We would object to that. The second situation would be if a creditor files a claim and does not reflect that you've made payments over the years. And again, a lot of times when claims are bought and sold, that can happen. We can object to it on those grounds. So it's certainly worthwhile to look at that. The claims file will also usually contain supporting documentation. A third instance I would see is where the claim was not...
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Proof of claim 2024 Form: What You Should Know
Notice of Proposed Transfer. Notice of Proposed Transfer. Pursuant to Chapter 7, Chapter 11, Division 5 of the Bankruptcy Code, the Tender Offer can only be tendered by: (a) the creditors of the debtor, as of the date of the Tender Offer; (b) any assignee (which may include a successor in interest) of such a creditor as required by paragraph a) of this subsection; (c) the trustee; or (d) any other person or institution having the power to tender (as is required by section 708(a) of the Bankruptcy Code, and paragraph (b) of this subsection) any such secured claim of any creditor of the debtor. (e) Any person who is not a trustee or any person who is not the assignee of any secured claim under paragraph (b) of this subsection; (d) Any person who is not a trustee or a person who is not the assignee of any secured claim under paragraph f) of this subsection where the claim of the person is a claim against-- (1) the common stock of a subsidiary of the debtor where any subsidiary stock is in the possession of-- (A) the trustee; or (B) the trustee and not the debtor; or (2) any other person or institution having the power to tender (as is required by section 708(a) of the Bankruptcy Code) any such secured claim of the creditor described in paragraph (d)(2) of this subsection; (p) Any person who was a debtor before the filing of the proposed Tender Offer; and (q) Any person who is liable for any claim under this chapter. (r) The Tender Offer is subject to cancellation by the trustee if the trustee makes such a cancellation order, in a manner described in The Notice, to any person who is entitled to a portion of the Tender Offer. Any such cancellation order must be in writing and must be filed within the time specified in the Tender Offer.
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