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FILING: CLAIMS: Creditors: Proof of Claim: ePOC: Withdrawing Claim: Objection to Claim

1-08:  FILING: CLAIMS: Creditors: Proof of Claim: ePOC; Withdrawing Claim; Objection to Claim

A.  FILING A PROOF OF CLAIM:  FRBP 3001, FRBP 3002, and other rules authorize or require creditors to file a proof of claim in a bankruptcy case when the creditor seeks to be paid out of the bankruptcy process.  Once the proof of claim is filed, it is stored in the claims register for the specific bankruptcy case. 

     ** Creditors can file a proof of claim using one of four methods:

  1. Electronically using CM/ECF and an authorized log in and password  -- Fill out and file Official Form 410 Proof of Claim.  When a proof of claim is filed electronically, please consult the Style Guide for instructions on inserting names, addresses, and other identifications.  See link below
  2.  Electronically using the ePOCPortal: a log in and password are not needed --  Do not file Official Form 410 Proof of Claim.  Instead, access the ePOC portal and provide the information requested.  This will populate the correct form and file the form on the claims register.  See link below 
  3.  In person at an intake window of the Clerk's office -- Fill out Official Form 410 Proof of Claim and deliver it in person to the division in which the bankruptcy case was filed.  See link below
  4.  By mailing Official Form 410 Proof of Claim -- Fill out Official Form 410 Proof of Claim and mail it to the division in which the bankruptcy case was filed.  See link below

     ** There are filing deadlines and requirements for content that must be included in a Proof of Claim.  See FRBP 3001

  1.  There are deadlines for filing a proof of claim.  See FRBP 3002 and other rules in the 3000 series
  2.  A claimant may also be able to file an amended proof of claim, as long as the claimant complies with timing deadlines.
  3.  Official Form 410 is the authorized proof of claim form.  If a creditor does not use Official Form 410, the proof of claim they file must be in a format and with content that conforms substantially to Official Form 410.  See link below
  4.  A creditor whose claim involves a mortgage may need to file supplemental attachments to Official Form 410.  These may be accessed at the link below to "Proof of Claim"

     ** NEED HELP -- If you have technical difficulties filing your claim electronically, please call our ECF Help DeskSee link below for phone numbers.

B.  NOTICE OF WITHDRAWAL OF CLAIM -- A creditor must comply with FRBP 3006 when withdrawing a proof of claim.

C.  NOTICE OF OBJECTION TO CLAIM -- Another party may file an objection to your claim by complying with FRBP 3007 and LBR 3007-1.  The procedure is: 

      1. Filing Documents; Setting a Hearing on atleast 30 days of notice. 

  • The objections to claims process is a contested matter and, therefore, the rules of service in FRBP 9014(b) apply. 
  • A hearing is required on at least 30 days of notice.
  • The court provides a mandatory form to use when filing an objection to claim.  See link below 
  • The court has procedures for scheduling a hearing when many objections to claims are filed.  See link below     

     2. Service by MailFRBP 3007(a) requires specific service methods:

  • On the claim holder: The party who files an objection to claim must serve the objection and notice of objection by mail, AND must follow FRBP 7004(b)(4) or (5) if the claim holder is the U.S. trustee or its officers or agents, AND must follow FRBP 7004(h) if the claim holder is an insured depository institution
  • On other parties:  Must serve the objection and notice of objection by mail or other permitted means.
Section: 
Section 1 - Common Bankruptcy Procedures & Information
Section Number or LBR Number: 
1-08
Reference to Common Topics: