Naples: (239) 216-4106 | Port Charlotte: (941) 240-2072 | Fort Myers: (239) 877-4183

Good Attorneys At Law, P.A. represents clients in aviation tax structuring and transactions, taxpayer representation before the IRS and state taxing authorities, and tax negotiation.
Good Attorneys At Law, PA counsels clients seeking Chapter 7 or Chapter 13 bankruptcy protection.
Ari Good practices in aviation taxation, corporate and partnership tax, international taxation and in representing clients before state and federal taxing authorities.

Proofs of Claim In Plain English

 

When an individual debtor (or a corporate debtor in Chapter 11 matters) files for bankruptcy, the creditors identified in the debtor's schedules receive a simple form called a "Proof of Claim".

The Proof of Claim form is, by most government form standards, fairly straightforward and can be completed by individual creditors according to the instructions.  Consulting an attorney may nevertheless give you the added reassurance of working with someone who sees these claims everyday.

If you do prefer to go it alone, remember a few basics:

  1. For secured claims, file a separate claim for EACH debt you may have, even if they relate to the same secured property.  A mortgage lender, for example, holding both a first and second mortgage should file two claims
  2. Be sure to determine if you have a priority claim that is paid before other types of claims.  The most common examples are certain tax debts and child support obligations
  3. Include any attachments that support your claim to the assets (if any) of the debtor's bankruptcy estate.
  4. The bankruptcy courts favor electronic filing.
There are certain risks, however.  It is critical for both debtors and creditors that the proof of claim NOT contain certain information, including:
  1. Individuals' social security numbers
  2. Names and dates of birth of minor children
  3. Full account numbers, especially bank accounts.  An acceptable format is XXXXXX-[last four or five digits, for identification]
These requirements apply to all filings, including any attachments you may have to your claim.