Proof Of Claim
INSTRUCTIONS: PROOF OF CLAIM
A proof of claim is submitted by creditors in a bankruptcy case to establish their claim for payment. This is filled out in response to a notice that a bankruptcy case has been established by the creditor in question. The proof of claim form may be attached with this notice or obtained from the website of the United States Courts system.
Proof of Claim Step 1: Enter the name of the debtor and the case number which has been assigned to their bankruptcy proceedings.
Proof of Claim Step 2: Enter the name of the creditor, as well as the name, address and contact information for where all subsequent notices regarding the progress of the case should be sent.
Proof of Claim Step 3: Enter the address where payments should be sent if it is different from the address listed above.
Proof of Claim Step 4: Enter the amount of the debt owed.
Proof of Claim Step 5: Enter the nature of the debt incurred, such as failure to pay for goods purchased or credit card debt.
Proof of Claim Step 6: Enter the last four digits of the social security number or tax identification number of the debtor.
Proof of Claim Step 7: If the debtor incurred their debt under a different name, list it next to 3a. If your business has a uniform claim number (used to identify large businesses), list it next to 3b.
Proof of Claim Step 8: If the claim is secured in the form of a lien placed upon the debtor's property (meaning it can be sold to pay off the debt), list the nature of the property in question, such as an automobile or real estate.
Proof of Claim Step 9: If your claim is defined as having priority under bankruptcy code 11 U.S.C. § 507 (a), note so under section 5. These include domestic support payments, wages or payments earned in the 180 days prior to bankruptcy being filed for and government taxes.
Proof of Claim Step 10: Note any payments which have been made by the creditor in section 6.
Proof of Claim Step 11: Attach copies of all documents which substantiate your claim, such as invoices.
Proof of Claim Step 12: Sign and date the form. This must be submitted to the bankruptcy court overseeing this case.
INSTRUCTIONS: VOLUNTARY PETITION
People who wish to apply for any form of bankruptcy will be required to submit a Voluntary Petition. This document provides the bankruptcy court in your area with some basic information about your assets and claims. The document can be obtained online from the United States Courts system website or in person at your local bankruptcy court.
Voluntary Petition Step 1: List your full name, street and mailing addresses (if different), and the county where you live. Provide the last four digits of your Social Security number or Taxpayer Identification Number. If you are filing jointly with a spouse, they should provide all name and residence information as well.
Voluntary Petition Step 2: If you are filing for bankruptcy for a business whose assets are primarily held at an address other than those listed above, provide the address where indicated.
Voluntary Petition Step 3: Indicate whether you are a private individual filing singly or jointly or a business debtor.
Voluntary Petition Step 4: If a business debtor, check the box next to the one which describes the nature of your business.
Voluntary Petition Step 5: Indicate what chapter of bankruptcy you are filing for and whether your debts are largely consumer or business.
Voluntary Petition Step 6: Indicate whether paying the filing fee in full, or are requesting either an installment payment plan or a waiver of the fee.
Voluntary Petition Step 7: In the section marked "Statistical/Administrative Information," indicate whether you think funds will be available to pay unsecured creditors once bankruptcy has been completed. Estimate how many creditors you have, as well as your assets and liabilities.
Voluntary Petition Step 8: List all bankruptcy cases filed within the last 8 years, as well as any pending bankruptcy cases filed by a business partner, spouse or affiliate.
Voluntary Petition Step 9: Exhibit B must be completed by individuals with primarily consumer debts. Exhibit D must be completed by every individual debtor. Exhibit A is for those who must regularly file SEC reports. Exhibit C asks if you have property or assets which endanger public health.
Voluntary Petition Step 10: Indicate whether you have lived in the district you are filling in for 180 days, are associated with a pending bankruptcy case in the area, or are involved in a foreign matter based in this district.
Voluntary Petition Step 11: Sign and date the petition.