Fillable B 10, 2012, Proof Of Claim (Page 3 of 3) in pdf

B 10 (Official Form 10) (12/12)

__________DEFINITIONS__________

______INFORMATION______

A claim also may be secured if the creditor owes the

Debtor

Acknowledgment of Filing of Claim

A debtor is the person, corporation, or other entity

debtor money (has a right to setoff).

To receive acknowledgment of your filing, you may

that has filed a bankruptcy case.

either enclose a stamped self-addressed envelope and

Unsecured Claim

a copy of this proof of claim or you may access the

An unsecured claim is one that does not meet the

court’s PACER system

Creditor

A creditor is a person, corporation, or other entity to

requirements of a secured claim. A claim may be

( ) for a small fee to view

whom debtor owes a debt that was incurred before

partly unsecured if the amount of the claim exceeds

your filed proof of claim.

the date of the bankruptcy filing. See 11 U.S.C.

the value of the property on which the creditor has a

§101 (10).

lien.

Offers to Purchase a Claim

Certain entities are in the business of purchasing

claims for an amount less than the face value of the

Claim

Claim Entitled to Priority Under 11 U.S.C. § 507

A claim is the creditor’s right to receive payment for

(a)

claims. One or more of these entities may contact the

a debt owed by the debtor on the date of the

Priority claims are certain categories of unsecured

creditor and offer to purchase the claim. Some of the

bankruptcy filing. See 11 U.S.C. §101 (5). A claim

claims that are paid from the available money or

written communications from these entities may

may be secured or unsecured.

property in a bankruptcy case before other unsecured

easily be confused with official court documentation

claims.

or communications from the debtor. These entities

Proof of Claim

do not represent the bankruptcy court or the debtor.

A proof of claim is a form used by the creditor to

Redacted

The creditor has no obligation to sell its claim.

indicate the amount of the debt owed by the debtor

A document has been redacted when the person filing

However, if the creditor decides to sell its claim, any

on the date of the bankruptcy filing. The creditor

it has masked, edited out, or otherwise deleted,

transfer of such claim is subject to FRBP 3001(e),

must file the form with the clerk of the same

certain information. A creditor must show only the

any applicable provisions of the Bankruptcy Code

bankruptcy court in which the bankruptcy case was

last four digits of any social-security, individual’s

(11 U.S.C. § 101 et seq.), and any applicable orders

filed.

tax-identification, or financial-account number, only

of the bankruptcy court.

the initials of a minor’s name, and only the year of

Secured Claim Under 11 U.S.C. § 506 (a)

any person’s date of birth. If the claim is based on the

A secured claim is one backed by a lien on property

delivery of health care goods or services, limit the

of the debtor. The claim is secured so long as the

disclosure of the goods or services so as to avoid

creditor has the right to be paid from the property

embarrassment or the disclosure of confidential

prior to other creditors. The amount of the secured

health care information.

claim cannot exceed the value of the property. Any

amount owed to the creditor in excess of the value of

Evidence of Perfection

the property is an unsecured claim. Examples of

Evidence of perfection may include a mortgage, lien,

liens on property include a mortgage on real estate or

certificate of title, financing statement, or other

a security interest in a car. A lien may be voluntarily

document showing that the lien has been filed or

granted by a debtor or may be obtained through a

recorded.

court proceeding. In some states, a court judgment is

a lien.

B 10, 2012, Proof Of Claim Page 3

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