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FILING A PROOF OF CLAIM OR INTEREST
IT IS STRONGLY SUGGESTED THAT YOU CONSULT YOUR OWN ATTORNEY BEFORE PREPARING AND FILING A PROOF OF CLAIM OR INTEREST.
Claims
The Bankruptcy Code defines a claim as: (1) a right to payment; (2) or a right to an equitable remedy for a failure of performance if the breach gives rise to a right to payment. 11 U.S.C. § 101(5). Generally, any creditor whose claim is not scheduled (i.e., listed by the debtor on the debtor's schedules) or is scheduled as disputed, contingent, or unliquidated must file a proof of claim (and attach evidence documenting the claim) in order to be treated as a creditor for purposes of voting on the plan and distribution under it. Fed. R. Bankr. P. 3003(c)(2). But filing a proof of claim is not necessary if the creditor's claim is scheduled (but is not listed as disputed, contingent, or unliquidated by the debtor) because the debtor's schedules are deemed to constitute evidence of the validity and amount of those claims. 11 U.S.C. § 1111. If a scheduled creditor chooses to file a claim, a properly filed proof of claim supersedes any scheduling of that claim. Fed. R. Bankr. P. 3003(c)(4). It is the responsibility of the creditor to determine whether the claim is accurately listed on the debtor's schedules.
Equity Security Holders
An equity security holder is a holder of an equity security of the debtor. Examples of an equity security are a share in a corporation, an interest of a limited partner in a limited partnership, or a right to purchase, sell, or subscribe to a share, security, or interest of a share in a corporation or an interest in a limited partnership. 11 U.S.C. § 101(16), (17). An equity security holder may vote on the plan of reorganization and may file a proof of interest, rather than a proof of claim. A proof of interest is deemed filed for any interest that appears in the debtor's schedules, unless it is scheduled as disputed, contingent, or unliquidated. 11 U.S.C. § 1111. An equity security holder whose interest is not scheduled or scheduled as disputed, contingent, or unliquidated must file a proof of interest in order to be treated as a creditor for purposes of voting on the plan and distribution under it. Fed. R. Bankr. P. 3003(c)(2). A properly filed proof of interest supersedes any scheduling of that interest. Fed. R. Bankr. P. 3003(c)(4). Generally, most of the provisions that apply to proofs of claim, as discussed above, are also applicable to proofs of interest.
The Debtors filed their schedules of assets and liabilities with the Bankruptcy Court. Copies of the Schedules can be found by clicking here. Any creditor listed on the schedules as having a claim which is not listed as disputed, contingent, or unliquidated as to the amount may, but is not required to, file a proof of claim in the chapter 11 case. Creditors whose claims are not scheduled or whose claims are listed as disputed, contingent, or unliquidated as to amount and who desire to participate in the case or share in any distribution must file their proofs of claim prior to the bar date established by the Bankruptcy Court listed below.
Please click here to download a Proof of Claim Form and Instructions. Proof of claim forms are also available at the clerk's office of any Bankruptcy Court. A proof of claim is required to conform substantially with the approved official form. There is no official form for a proof of interest in this District.
The proof of claim should also include any supporting documentation to support the claim.
General Bar Date For All Claims arising before November 6, 2009: April 6, 2010.
Bar Date For All Governmental Claims arising before November 6, 2009: June 1, 2010.
If the Proof of Claim is sent by mail, overnight courier, or by hand, send to:
US Bankruptcy Court
51 SW 1st Avenue, Room 1517
Miami, Florida 33130
Proof(s) of claim must be filed via U.S. Mail, overnight courier or other hand delivery service on or before the respective Bar Dates to ensure the proof of claim is received by the clerk's office of the U.S. Bankruptcy Court by that date. Facsimile and other electronic delivery methods are NOT ACCEPTABLE. You must file an originally executed proof of claim. If you would like a copy of your claim returned to you as proof of receipt, please enclose an additional copy of the proof(s) of claim and a self-addressed postage-paid envelope.
PLEASE NOTE that by filing a proof of claim, a party submits itself to the jurisdiction of the U.S. Bankruptcy Court and invokes certain protections, responsibilities and rules prescribed by the U.S. Bankruptcy Court.
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