Download Proof of Claim Form

GUIDELINES FOR FILING A PROOF OF CLAIM

Effective January 1, 2002, the Clerk of the U. S. Bankruptcy Court for the District of Nebraska began preparing and mailing to debtors, debtors’ attorneys, all scheduled creditors, and other parties in interest the document known as the 
“Notice of Chapter 13 Bankruptcy Case, Meeting of Creditors, & Deadline.” The Clerk decided that her office would no longer furnish creditors with claim forms. Thus, creditors must now obtain, complete, and file their own proofs of claim forms.

A “Proof of Claim” form is a very important document and must be written up in substantial conformity with the language on the Official Bankruptcy Forms – specifically, Official Form #10. There are also special rules for claims. If a creditor does not follow the rules regarding claims and improperly prepares a piece of paper like an invoice, letter, statement, etc., and tries to file it as a claim, the Trustee may be expected to object to the filing of that piece of paper as a proof of claim. 

Any creditor who is included in the plan and expects to be paid by the Chapter 13 Trustee’s Office absolutely, positively (no exceptions) must timely file a proof of claim in substantial conformity with the Official Forms and Federal Rules. 

Creditors should completely, accurately, and legibly complete their names, addresses, etc., on the Proof of Claim form. If the creditor files a claim as a secured creditor, he or she must attach to the Proof of Claim documentation that any secured interest claimed has been perfected, and must also place a fair market value for the collateral on the claim. The original and one (1) copy of the Proof of Claim form with the attachments should be filed in the appropriate Clerk’s office (i.e., Omaha or Lincoln) which is:

Diane L. Zech, Clerk of the U.S. Bankruptcy Court
District of Nebraska
Roman L. Hruska United States Courthouse
111 18th Plaza, Suite 1125
Omaha, NE 68102
Telephone: 402-661-7444
Fax: 402-661-4792

Diane L. Zech, Clerk of the U.S. Bankruptcy Court
District of Nebraska
Denney Federal Building
100 Centennial Mall North
16th & O Streets, 4th Floor, Room 460
Lincoln, NE 68508
Telephone: 402-437-5100
Fax: 402-437-5877

The Clerk will forward the extra copy to the Trustee. The claimant should also send one (1) additional copy to the Debtor's attorney. His or her name, address, and phone number is listed on the "Meeting of Creditor Notice" which the creditor has already received and was sent out by the Clerk's office. Actually, the bankruptcy "Meeting of Creditor Notice" contains all the addresses that are needed to properly prepare the claim. The claim must be filed within ninety (90) days after the first date set for the Meeting of Creditors. This date is known as the "Claims Bar Date" and is contained on the bankruptcy notice sent by the clerk of the Bankruptcy Court.

If the creditor files a secured claim, it is important to provide the trustee with the value of the collateral in which the creditor holds a security interest. In Nebraska, the Court will honor the creditor's value assigned to the collateral unless the debtor objects, and the Court upholds the debtor's value and the debtor's objection. In contrast, the plan will control whether a secured creditor receives post-confirmation interest and the rate of interest.

If the plan provides for interest at the contract rate, it is very important that the creditor state the contract rate on the "Proof of Claim." Upon confirmation (Court approval of the plan), the Trustee will pay the rate of interest provided in the plan. The trustee will pay interest on secured claims only from the confirmation date unless the plan specifically provides otherwise.