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By David H. Leigh
Generally speaking, and with limited exceptions, a creditor wishing to receive a distribution in a bankruptcy case must timely file a proof of claim in that case. A proof of claim is a written statement that sets forth and documents the basis for and the amount of a creditor’s claim. A creditor’s proof of claim must conform substantially to Official Form B10 of the Federal Rules of Bankruptcy Procedure.
Recently, the Judicial Conference recommended changes to the Federal Rules of Bankruptcy Procedure pertaining to proofs of claims. The changes are designed, in part, to try and prevent creditors from filing undocumented, poorly documented, or inaccurate proofs of claim by requiring creditors to provide additional information with their proofs of claim. The proposed changes have been approved by the United States Supreme Court and became effective December 1, 2011.
Among those amendments, Federal Rule of Bankruptcy Procedure 3001, which has always required that a creditor produce a writing to support its claim, now requires that a ...
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