What Is a Proof of Claim in Bankruptcy? | karacto.xyz This amendment corrects the Bankruptcy Rules citation to that of the currently used citation. This amendment, (a), recognizes that the Clerk may more expeditiously give notice to creditors or parties in interest through the Bankruptcy Noticing Center (BNC). ForFile Size: 21KB. Section 1 of Pub. L. 98–91 provided: “That rule (f) of the Bankruptcy Rules, as proposed by the United States Supreme Court in the order of April 25, , of the Court, shall take effect on August 1, , except as otherwise provided in section 2 [amending subd. (f) of this rule and enacting a provision set out as a note below].”.
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Other amendments are stylistic and make no substantive change. Paragraph a 4 is abrogated to conform to the abrogation of Rule c 6. The remaining paragraphs of subdivision a are renumbered, and references to these paragraphs contained in other subdivisions of this rule are amended accordingly.
Paragraph f 8 is amended so that a summary of the trustee's final account, which is prepared after distribution of property, does not have to be mailed to the debtor, all creditors, and indenture trustees in a chapter 7 case. Parties are sufficiently protected by receiving a summary of the trustee's final report that informs parties of the proposed distribution of property. Subdivision h is amended 1 to provide that an order under this subdivision may not be issued if a notice of no dividend is given pursuant to Rule e and the time for filing claims has not expired as provided in Rule c 5 ; 2 to clarify that notices required to be mailed by subdivision a to parties other than creditors must be mailed to those entities despite an order issued pursuant to subdivision h ; 3 to provide that if the court, pursuant to Rule c 1 or c 2 , has granted an extension of time to file a proof of claim, the creditor for whom the extension has been granted must continue to receive notices despite an order issued pursuant to subdivision h ; and 4 to delete references to subdivision a 4 and Rule c 6 , which have been abrogated.
GAP Report on Rule No changes since publication, except for stylistic changes and the correction of a typographical error in the committee note. The court for cause shown may order the day period reduced pursuant to Rule c 1.
Paragraph a 4 is amended to conform to the amendments to Rule Paragraph a 4 is amended further to conform to Rule b , which requires that notice of the hearing on dismissal of a case for failure to pay the filing fee be served on only the debtor and the trustee. Subdivision c 3 is added to assure that parties given notice of a hearing to consider confirmation of a plan under subdivision b are given adequate notice of an injunction provided for in the plan if it would enjoin conduct that is not otherwise enjoined by operation of the Code.
The validity and effect of any injunction provided for in a plan are substantive law matters that are beyond the scope of these rules. The notice requirement of subdivision c 3 is not applicable to an injunction contained in a plan if it is substantially the same as an injunction provided under the Code.
But if a plan provides that creditors will be enjoined from asserting claims against persons who are not debtors in the case, the notice of the confirmation hearing must include the information required under Rule c 3 because that conduct would not be enjoined by operation of the Code. The requirement that the notice identify the entities that would be subject to the injunction requires only reasonable identification under the circumstances.
If the entities that would be subject to the injunction cannot be identified by name, the notice may describe them by class or category if reasonable under the circumstances. Subdivision g has been revised to clarify that where a creditor or indenture trustee files both a proof of claim which includes a mailing address and a separate request designating a mailing address, the last paper filed determines the proper address.
The amendments also clarify that a request designating a mailing address is effective only with respect to a particular case. Under Rule g , a duly filed proof of claim is considered a request designating a mailing address if a notice of no dividend has been given under Rule e , but has been superseded by a subsequent notice of possible dividend under Rule c 5. A duly filed proof of interest is considered a request designating a mailing address of an equity security holder.
Rule g 3 is added to assure that notices to an infant or incompetent person under this rule are mailed to the appropriate guardian or other legal representative.
Under Rule m , if the debtor knows that a creditor is an infant or incompetent person, the debtor is required to include in the list and schedule of creditors the name and address of the person upon whom process would be served in an adversary proceeding in accordance with Rule b 2.
If the infant or incompetent person, or another person, files a request or proof of claim designating a different name and mailing address, the notices would have to be mailed to both names and addresses until the court resolved the issue as to the proper mailing address.
Changes Made After Publication and Comments. The Committee Note was revised to put in a more prominent position the statement that the validity and effect of any injunction provided for in a plan are substantive matters beyond the scope of the rules. Official Form 9, the form of the notice of the meeting of creditors that will become a part of the court's file in the case, will include only the last four digits of the debtor's social security number. This rule, however, directs the clerk to include the full social security number on the notice that is served on the creditors and other identified parties, unless the court orders otherwise in a particular case.
This will enable creditors and other parties in interest who are in possession of the debtor's social security number to verify the debtor's identity and proceed accordingly. The filed Official Form 9, however, will not include the debtor's full social security number. This will prevent the full social security number from becoming a part of the court's file in the case, and the number will not be included in the court's electronic records. Creditors who already have the debtor's social security number will be able to verify the existence of a case under the debtor's social security number, but any person searching the electronic case files without the number will not be able to acquire the debtor's social security number.
The rule amendment was made in response to concerns of both private creditors and taxing authorities that truncating the social security number of a debtor to the last four digits would unduly hamper their ability to identify the debtor and govern their actions accordingly. This is essentially a continuation of the practice under the current rules, and the amendment is necessary because of the amendment to Rule that restricts publication of the social security number on the caption of the petition to the final four digits of the number.
The rule is amended to reflect that the structure of the Internal Revenue Service no longer includes a District Director. Thus, rather than sending notice to the District Director, the rule now requires that the notices be sent to the location designated by the Service and set out in the register of addresses maintained by the clerk under Rule e.
The other change is stylistic. A new paragraph g 4 is inserted in the rule. The new paragraph authorizes an entity and a notice provider to agree that the notice provider will give notices to the entity at the address or addresses set out in their agreement.
Rule 9 sets out the definition of a notice provider. The business of many entities is national in scope, and technology currently exists to direct the transmission of notice both electronically and in paper form to those entities in an accurate and much more efficient manner than by sending individual notices to the same creditor by separate mailings. The rule authorizes an entity and a notice provider to determine the manner of the service as well as to set the address or addresses to which the notices must be sent.
For example, they could agree that all notices sent by the notice provider to the entity must be sent to a single, nationwide electronic or postal address. They could also establish local or regional addresses to which notices would be sent in matters pending in specific districts.
Since the entity and notice provider also can agree on the date of the commencement of service under the agreement, there is no need to set a date in the rule after which notices would have to be sent to the address or addresses that the entity establishes. Furthermore, since the entity supplies the address to the notice provider, use of that address is conclusively presumed to be proper. Nonetheless, if that address is not used, the notice still may be effective if the notice is otherwise effective under applicable law.
This is the same treatment given under Rule e to notices sent to governmental units at addresses other than those set out in that register of addresses. The remaining subdivisions of Rule g continue to govern the addressing of a notice that is not sent pursuant to an agreement described in Rule g 4.
Changes Made After Publication and Comment. No changes since publication. Conditional approval of a disclosure statement in a small business case is governed by Rule The court may consider this matter in a hearing combined with the confirmation hearing in a small business case. Subdivisions f 9 and 10 are new. Section d requires the clerk to give notice to creditors shortly after the commencement of the case as to whether a presumption of abuse exists. Subdivision f 9 adds this notice to the list of notices that the clerk must give.
This allows a creditor who disputes that assertion to request a delay of the entry of the discharge in the case. Section g 1 allows a creditor to treat a notice as not having been brought to the creditor's attention, and so potentially ineffective, until it is received by a person or organizational subdivision that the creditor has designated to receive notices under the Bankruptcy Code.
Under that section, the creditor must have established reasonable procedures for such notices to be delivered to the designated person or subdivision. Filing the name and address of the designated notice recipient and the procedures for directing notices to that recipient will reduce uncertainty as to the proper party for receiving notice and limit factual disputes as to whether a notice recipient has been designated and as to the nature of procedures adopted to direct notices to the recipient.
Subdivision k is amended to add notices given under subdivision q to the list of notices which must be served on the United States trustee. Section d of the Code, added by the amendments, requires that such additional time as is reasonable under the circumstances be given to creditors with foreign addresses with respect to notices and the filing of a proof of claim.
Thus, subdivision p 1 is added to this rule to give the court flexibility to direct that notice by other means shall supplement notice by mail, or to enlarge the notice period, for creditors with foreign addresses. If cause exists, such as likely delays in the delivery of mailed notices in particular locations, the court may order that notice also be given by email, facsimile, or private courier.
Alternatively, the court may enlarge the notice period for a creditor with a foreign address. It is expected that in most situations involving foreign creditors, fairness will not require any additional notice or extension of the notice period.
This rule recognizes that the court has discretion to establish procedures to determine, on its own initiative, whether relief under subdivision p is appropriate, but that the court is not required to establish such procedures and may decide to act only on request of a party in interest.
If cause exists, such as likely delays in the delivery of notices in particular locations, the court may extend the notice period for creditors with foreign addresses. The court may also shorten the additional notice time if circumstances so warrant. Subdivision p 3 is added to provide that the court may, for cause, override a creditor's designation of a foreign address under Rule g.
For example, if a party in interest believes that a creditor has wrongfully designated a foreign address to obtain additional time when it has a significant presence in the United States, the party can ask the court to order that notices to that creditor be sent to an address other than the one designated by the foreign creditor.
Subdivision q is added to require that notice of the hearing on the petition for recognition of a foreign proceeding be given to the debtor, all administrators in foreign proceedings of the debtor, entities against whom provisional relief is sought, and entities with whom the debtor is engaged in litigation at the time of the commencement of the case. There is no need at this stage of the proceedings to provide notice to all creditors.
If the foreign representative should take action to commence a case under another chapter of the Code, the rules governing those proceedings will operate to provide that notice is given to all creditors. The rule also requires notice of the court's intention to communicate with a foreign court or foreign representative. Changes Made After Publication. Subdivision g 2 was amended to provide that the designated address of a governmental unit under Rule e establishes an exception to the rule that a creditor's address is to be taken from the debtor's schedules.
The fifth and sixth paragraphs of the Committee Note were amended to explain that change. Subdivision p 3 was added to the rule to provide that the court may override a creditor's designation of a foreign mailing address under Rule g. This will permit a party in interest to seek court relief if a creditor has improperly designated a foreign address. The notice of a hearing on an application for compensation or reimbursement of expenses required by subdivision a 6 of this rule shall identify the applicant and the amounts requested.
If a plan provides for an injunction against conduct not otherwise enjoined under the Code, the notice required under Rule b 2 shall:. A include in conspicuous language bold, italic, or underlined text a statement that the plan proposes an injunction;. In a chapter 7 liquidation case, if it appears from the schedules that there are no assets from which a dividend can be paid, the notice of the meeting of creditors may include a statement to that effect; that it is unnecessary to file claims; and that if sufficient assets become available for the payment of a dividend, further notice will be given for the filing of claims.
Except as provided in subdivision l of this rule, the clerk, or some other person as the court may direct, shall give the debtor, all creditors, and indenture trustees notice by mail of:. Notice of the time fixed for accepting or rejecting a plan pursuant to Rule c shall be given in accordance with Rule d. For the purposes of this subdivision—. A a proof of claim filed by a creditor or indenture trustee that designates a mailing address constitutes a filed request to mail notices to that address, unless a notice of no dividend has been given under Rule e and a later notice of possible dividend under Rule c 5 has not been given; and.
B a proof of interest filed by an equity security holder that designates a mailing address constitutes a filed request to mail notices to that address.
The clerk may serve the United States trustee and all trustees by transmitting a copy of any document electronically using the court's electronic case filing system. Service must be made in accordance with the electronic filing procedures described in LR The clerk will prescribe the conditions for pickup, which may be changed from time to time at the clerk's discretion.
The clerk's deposit of a document in the designated location is deemed to be receipt of it and will be made only to the submitting attorney shown in the caption of the document.
In accordance with LR , the attorney must serve all other parties. In a chapter 15 case, the notice requirements under Fed. In a chapter 7 asset case, the notice requirement under Fed. The chapter 13 noticing requirements under Fed.
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