Filing a Proof of Claim in the Northern District of Texas
The New Requirement for Proof of Claim
If you want to be paid in a Bankruptcy Proceeding, you will need to file a Proof of Claim that conforms to Bankruptcy Rule 3001. This Rule was amended effective December 1, 2011. Not only did the requirements for what must be included in a proof of claim change, but the rule also provides for bad things to happen if you don’t do it right. The new requirements apply in cases where the debtor is an individual, even in a Chapter 11 proceeding.
A proof of claim "shall conform substantially to the appropriate Official Form." The official form is available at www.uscourts.gov and the official proof of claim form is form B-10. If the claim is based on a writing, then a copy of the writing (such as the note and deed of trust or certificate of title) must be attached to the proof of claim.
If you are claiming amounts other than the principal amount of the debt, like interest or attorney’s fees, then "an itemized statement of the interest, fees, expenses, or other charges shall be filed with the proof of claim." Note that the official form does not have a blank for including this "itemized statement." You will have to attach a separate sheet or put this information at the bottom of the proof of claim.
On a secured claim, you must include "a statement of the amount necessary to cure any default as of the date of the petition." You must include the arrears as of the date of the bankruptcy.
If your collateral is the debtor’s homestead (principal residence), there are additional required attachments. Also, look out for local rules as they vary.
The new rule provides that if you file a claim without the required information set forth above, then the court, after notice and hearing, may preclude you from presenting any evidence as to the information left off (thus preventing you from collecting those amounts), or sanction you by awarding the attorneys’ fees and costs against you, or both.
So, you need to be much more careful in filing proofs of claims in light of the new Bankruptcy Rule 3001.