Official Form 410 - Proof Of Claim - United States Bankruptcy Court Page 5
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5Creditor:
A person, corporation, or other entity to whom a
Secured claim under 11 U.S.C. §506(a):
A claim backed by
debtor owes a debt that was incurred on or before the date the
a lien on particular property of the debtor. A claim is secured
debtor filed for bankruptcy. 11 U.S.C. §101 (10).
to the extent that a creditor has the right to be paid from the
property before other creditors are paid. The amount of a
secured claim usually cannot be more than the value of the
A person, corporation, or other entity who is in
Debtor:
particular property on which the creditor has a lien. Any
bankruptcy. Use the debtor’s name and case number as shown
amount owed to a creditor that is more than the value of the
in the bankruptcy notice you received. 11 U.S.C. § 101 (13).
property normally may be an unsecured claim. But exceptions
exist; for example, see 11 U.S.C. § 1322(b) and the final
Evidence of perfection:
Evidence of perfection of a security
sentence of 1325(a).
interest may include documents showing that a security
Examples of liens on property include a mortgage on real
interest has been filed or recorded, such as a mortgage, lien,
estate or a security interest in a car. A lien may be voluntarily
certificate of title, or financing statement.
granted by a debtor or may be obtained through a court
proceeding. In some states, a court judgment may be a lien.
A Proof of Claim
Information that is entitled to privacy:
form and any attached documents must show only the last 4
Occurs when a creditor pays itself with money
Setoff:
digits of any social security number, an individual’s tax
belonging to the debtor that it is holding, or by canceling a
identification number, or a financial account number, only the
debt it owes to the debtor.
initials of a minor’s name, and only the year of any person’s
date of birth. If a claim is based on delivering health care
goods or services, limit the disclosure of the goods or services
Uniform claim identifier:
An optional 24-character identifier
to avoid embarrassment or disclosure of confidential health
that some creditors use to facilitate electronic payment.
care information. You may later be required to give more
information if the trustee or someone else in interest objects to
A claim that does not meet the
Unsecured claim:
the claim.
requirements of a secured claim. A claim may be unsecured in
part to the extent that the amount of the claim is more than the
A claim within a category of unsecured
Priority claim:
value of the property on which a creditor has a lien.
claims that is entitled to priority under 11 U.S.C. §507(a).
These claims are paid from the available money or
property in a bankruptcy case before other unsecured
Offers to purchase a claim
claims are paid. Common priority unsecured claims
Certain entities purchase claims for an amount that is less than
include alimony, child support, taxes, and certain unpaid
the face value of the claims. These entities may contact
wages.
creditors offering to purchase their claims. Some written
communications from these entities may easily be confused
Proof of claim:
A form that shows the amount of debt the
with official court documentation or communications from the
debtor owed to a creditor on the date of the bankruptcy filing.
debtor. These entities do not represent the bankruptcy court,
The form must be filed in the district where the case is
the bankruptcy trustee, or the debtor. A creditor has no
pending.
obligation to sell its claim. However, if a creditor decides to
sell its claim, any transfer of that claim is subject to
Redaction of information:
Masking, editing out, or deleting
Bankruptcy Rule 3001(e), any provisions of the Bankruptcy
certain information to protect privacy. Filers must redact or
Code (11 U.S.C. § 101 et seq.) that apply, and any orders of
leave out information entitled to
on the Proof of
privacy
the bankruptcy court that apply.
Claim form and any attached documents.
Do not file these instructions with your form.
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