Bankruptcy Claim Filing Guidelines
Important Notice Regarding the Filing of Proofs of Claim
Rule 9037 of the United States Bankruptcy Code- Privacy Protection for Filings Made with the Court:
(a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing made with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual, other than the debtor, known to be and identified as a minor, or a financial-account number, a party or nonparty making the filing may include only:
(1) the last four digits of the social-security number and taxpayer-identification number;
(2) the year of the individual's birth;
(3) the minor's initials; and
(4) the last four digits of the financial-account number.
(g) Waiver of Protection of Identifiers. An entity waives the protection of subdivision (a) as to the entity's own information by filing it without redaction and not under seal.
ALCS as Claims and Noticing Agent is required by Court Order to provide copies of proofs of claim to parties upon their request. It is very important to know that the party filing the proof of claim is responsible for protecting their personal information and ALCS accepts no responsibility for protecting such information.
ALCS is dedicated to customer service and exceptional quality and wants to provide as much information as possible to claimants in their effort to submit timely, accurate and complete claim forms. Below are several helpful tips for meeting claim form filing requirements:
Personally Identifiable Information
See important notice above
Court, Name of Debtor, and Case Number
Fill in the federal judicial district where the bankruptcy case was filed (for example, Central District of California), the bankruptcy debtor’s full name, and the case number. If the creditor received a notice of the case from the bankruptcy court, all of this information is located at the top of the notice.
Creditor’s Name and Address
Fill in the name of the person or entity asserting a claim and the name and address of the person who should receive notices issued during the bankruptcy case. A separate space is provided for the payment address if it differs from the notice address. The creditor has a continuing obligation to keep the court informed of its current address. See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
Ensure that all data requested is provided
Please provide all data requested on your claim form including all detailed transactions. Please provide the information in the timeframe specified so that your claim is not rejected or delayed. If you need additional space to provide the information requested, please make copies of the form with the section requiring additional space and continue to provide in that section on each page until completed. Please initial each of the additional pages you submit.
Supporting Documentation
Attach redacted copies of any documents that show the debt exists and a lien secures the debt. You must also attach copies of documents that evidence perfection of any security interest. You may also attach a summary in addition to the documents themselves. FRBP 3001(c) and (d). If the claim is based on delivering health care goods or services, limit disclosing confidential health care information. Do not send original documents, as attachments may be destroyed after scanning.
Date and Signature
The individual completing this proof of claim must sign and date it. FRBP 9011. If the claim is filed electronically, FRBP 5005(a)(2), authorizes courts to establish local rules specifying what constitutes a signature. If you sign this form, you declare under penalty of perjury that the information provided is true and correct to the best of your knowledge, information, and reasonable belief. Your signature is also a certification that the claim meets the requirements of FRBP 9011(b). Whether the claim is filed electronically or in person, if your name is on the signature line, you are responsible for the declaration. Print the name and title, if any, of the creditor or other person authorized to file this claim. State the filer’s address and telephone number if it differs from the address given on the top of the form for purposes of receiving notices. If the claim is filed by an authorized agent, attach a complete copy of any power of attorney, and provide both the name of the individual filing the claim and the name of the agent. If the authorized agent is a servicer, identify the corporate servicer as the company. Criminal penalties apply for making a false statement on a proof of claim.
Record Keeping
It is good business practice to keep copies of all legal forms that you receive. It is especially important to keep copies of any claim forms and documentation that you sign.
Delivery
All deadlines are based upon the date of receipt by the Court or Court appointed claims agent. It is the filer’s responsibility to utilize the proper delivery service in order to meet the filing requirements for receipt.
Response Time
Please understand that many cases have long filing timeframes. It also takes time to fully process and complete the review of claims filed. Many times additional information will be required of you before your claim is completed. Please be patient. If you are concerned or have questions please call the call center or visit the case’s website.
