Preview
Filed
NOWAK & STAUCH
13 Ju
Gary H t 17 P12:44
itzsimmons
District Clerk
A Limited Liability Partnership Dallas District
10000 N. CENTRAL Expressway, SUITE 1040
DALLas, Texas 75231
RYAN 214-823-2006 MAIN
rgent w.net
214-823-2007 FACSIMILE
www.ns-law.net
July 17, 2013
Vis E-FILE
Honorable Emily Tobolowsky
298™ Judicial District Court
600 Commerce Street, 8" Floor
Dallas, Texas 75201
Re: Craig Dyers
Cause No. DC-04-01100; Chai Dyer v. Ere
Pro Tinie
Plumbin did
and Nistataton,
Installation,
Inc., et al.; pending in the 298" District Court of Dallas County, Texas;
Our File No. 0679.002
Dear Judge Tobolowsky:
In Plaintiff's most recent correspondence with the Court, counsel for the Plaintiff stated
that Joe Geeting had not filed a proof of claim in the Pro Plumbing (DCT) bankruptcy relating to
his claims for defense and indemnification. This letter is to inform the Court that such claims
have, indeed, been filed, as demonstrated by the file-marked proof of claims attached hereto.
With this additional documentation, the Court should deny Plaintiffs Motion for
Severance, or, at a minimum, hold said Motion in abeyance until the Trustee has made a
determination regarding the pursuit of DCI’s claim against Craig Dyer. As always, I am
available to discuss this matter further by telephone or in person, as the Court desires. Thank
you for your time and consideration.
Sincerel.
Ryan C.
cc: Law Office of Mitchell Madden (via facsimile)
B10 (Officiat Form 10) (12/12)
UNITED STATES BANKRUPTCY COURT PROOF OF CLAIM
‘Name of Debtor: Case Number,
Pro Plumbing & Appliance Installation Inc. 12-44557-RFN-7
NOTE: Do not use this form to make a claim for an administrative expense that arises after the bankruptcy filing. You
may file a request for payment of an administrative expense according to 11 U.S.C. § 503.
Name of Creditor (the person of other entity to whom the debtor owes money or property):
N. Joseph Geeting
COURT USE ONLY
Name and address where notices should be sent: CO Check this box if this claim amends a
3002 Fairland Dr. previously filed claim,
Highland Village, TX 75077
Court Claim Number:
Ufknown)
‘Telephone number: (972) 896-5370 email:
Filed on:
Name and address where payment should be sent (if different from above): G Check this box if you are aware that
anyone else has filed a proof of claim
relating to this claim, Attach copy of
statement giving particulars.
Telephone number: email:
1. Amount of Claim as of Date Case Filed: $. 54,603.09
Hfall or part of the claim is secured, complete item 4.
Wall or part of the claim is entitled to priority, complete item 5.
Check this box if the claim includes interest or other charges in addition to the principal amount of the claim. Attach a statement that itemizes interest or charges,
2. Basis for Claim: _ Attorney's fees subject to indemnity —_—
(See instruction #2)
3. Last four digits of any number 3a. Debtor may have scheduled account as: 3b, Uniform Claim Identifier (optional):
by which creditor identifies debtor:
——
(See instru #3a) ns nH
‘Amount of arrearage and other churges, as of the fime case was filed,
4. Secured Claim (See instruction #4) included in secured claim, if any:
‘Check the appropriate box if the claim is secured by a lien on property or a right of
‘setoff, attach required redacted documents, and provide the requested information. s
Nature of property or right of setoff: C)Real Estate Motor Vehicle Other Basis for perfection:
Describe:
Vatue of Property: Amount
of Secured Claim: s
Annual Interest Rate, fo OFixed or OVariable Amount Unsecured: Ss. 54,603.09
(when case was fited)
5. Amount of Claim Entitled to Priority under 11 U.S.C, § 507 (a), If any part of the claim falls into one of the following categories, check the box specifying
the priority and state the amount.
GF Domestic support obligations under 11 Wages, salaries, or commissions (up to $11,725¢) © Contributions to an
US.C. § 507 (aX1XA) or (a)(1 XB). earned within 180 days before the case was filed or the employee benefit plan —
debtor's business ceased, whichever is earlier — 11 U.S.C.
§ 507 (aX5).
11 U.S.C. § $07 (aX 4). Amount entitled to priority:
© Upto $2,600" of deposits toward © Taxes or penalties owed to governmental units — Gi Otter - Specify 8
purchase, lease, or rental of property or 1 U.S.C. § 507 (aX). applicable paragraph of
services for personal, family, or houschold ML U.S.C. § 507 (a).
use = 11 U.S.C. § 507 (a)(7).
*Amounts are subject to adjustment on 4/1/13 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment,
6. Credits. The amount of all payments on this claim has been credited for the purpose of making this proof
of claim. (See instruction #6)
07/16/2013 15:31 FAX 002/004
B 10 (Official Form 10) (12/12) 2
7, Documents; Attachedore redacted co; plea of any documents that auppon the clalin, such 8s promissory tavay, purchiso orders, invaicay, iigmized stalemants of
running stcounts, contracts, judgmecds, , Secttty ugrocments, or, in the case of a claiin based on an open-gnd oF revolving consumer credit agrosment,
atate:nent providing the infarmation raquired by FRBP 3001(c)(3)(A) TFtha claim is necured, box 4 has been complied, atid redacted coptes of documents, viding
evidence of porfeotion of a sccurity intorest are attached, If the claim sacured by the deblor’s principal residence, the Marrgeas Peoof
of Clalm Auachment Is buing
Tiled with thie claim, See instruction #7, and the definition of “redacted".)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
ifthe documgnts ore not available, please oxplain;
‘8 Sigmature; (800 instruction #8)
Check the appropriate
box.
Sin thecredior, CS Lam the creditor's euthorized agent. G Jam the ieustee, of tho debror, Jama guarantor, surety, indorser, or other codebior,
‘or theirauttiorivgd spent, {Sco Bonkruptcy Rule 3005.)
See Bunkiuptay Rule 3004)
I deolare under penalty of porjury that the information pravided in this vlaim teue autd correct to thie bett of my knowledge. inforwation,
and roascaRble baliof,
abigail
3f toa
Pale Name: N.Jogeph Geeting
Company:
Addrant arid telephono number (IP different from notice address abovo): iin Q
—.
| Tetepbane munber: i
Parally Jor presaning
rate end elalm: Pioa of up to $500, ‘ot Imprisonment tbr tip to 3 years, of both. 18 U.S C, $8 152 and 3871.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
‘The instructions
ane dafiniitans below are genapal axplancdions of the lav. dn cartain ctreunerancer, such 03 bruikrupley cares nat fled yolumtarily by tha debtor,
exceptions Co thase generdl rules ney appl.
Items ty bo6: lated jaf of Clatm fore,
Court Nanve of) and Case Neral ‘cinin is entirely unsecured, (See Mofinidionn) Iriko claim ls vecured, check ihe
‘Pill ha the feckeral judicial district in which the bent oy case was fited (for ‘box for the nature and value of propery that secures the claim, attach copies of lien
example, Contral District
of Callforgta), tho debtor's ful nama, and the ome. documentation, and stave, ax of tha dote of the bankrupicy fing, the sna) Imeoat
umber. If the creditor received & notice of the case from the butkruplay court, reco (and wiwther It fs fxed or variable), and the amount paat due on the dato,
all of'this information is at the top of the notice,
Amount of Claim Eniltied to Priority Vader 11 ULC. § 807 (a).
{any ponion ofthe claim falls Into any oat 1 shown, check the appropriaic:
bbox{ea) and state the mnyeunt antitied (0 prio ye (See Deffniuons) A claim may
Creditor's Name and Addireas:
FIN ty the nme of tho parton or entity asmerting a clair and the naine and
08s of the person who should raneiva notices Isrued during he bankruptoy be party priorliy and pany non-priarily. Forexample, Inaome of the ealagorles,
cane, A separate apace fs provided for the paymant address if il differs feom the the faw limits the amon entitled co priority,
notica address, Tho creditor has a cominuing obligation te keop the court
informed of its currerk pddrese. Sco Federal Rute of Bankruptcy Procedure 6. Credita
(PREP) 2002(4). ‘An nuthorized signature on this proof
oC claim serves as an acknowledgmerd that
when calculating the amount of the claim, the creditor gavo the debtor oredit for
1. Armoaat of Claba as af Date Case ited: Any paymignts received coward the debt.
State the taiat amount owod tc tha eeditor on tha date oftho bankruptcy filing,
Follow the instructions concomning whelberlo complete itams 4 and 5, Check 2 Documents:
the box if imareat or other charges pre lnchaded in the claim. Attech redacted copies of any documents that show the debt exists snd a tiea
socurer the dobl, You mutt also attach copies of documents that evidence tion
2 Bunks for Chale ‘of any securily interest end documenta requitad by PREP 3001(c) for elainas baced
‘Stale Uve type of debt or how it wes Incurred, Examples inolude goods sold, ‘on an open-end or revolving conauiner eredit agroementof securedby a security
mony fa services perform ini | eet,
car for, interest In (he debror's prluc|pal residence, You may sleo atiach w summery lit
ond cradit card. §f the claim is
O04 OF sorvicns, limit th dlactosure of he
aed
onlivoring hicalth care
Or services #0 08 10 avoid
addition to the documents themnsetves. FREP 3001(c) and (d), Ifthe claim is bested
on dolivering health core poods or servicas, lini disclosing contiderditl health care:
emburrasument o¢ losure of confidential health care information. You information, Po not send original docuinents, as attachments may be destroyed
may bo required to provide sddisional disclomure ifn intoremted party objeols 10 ae acenming,
thac’aim,
3. Date ane Sigaaturet
% Last Four Digits of Any Number by Walch Creditor tdentifica Debtor: The individual completing hia proof of claim musi sign and date il, FRBP 9011,
only dhs last four digits of the debioe's account or other numbor uted by the TE the clin ly filed elocironicelly, PREP 5005(a)(2) authorizes courts to establish
‘creditorfo ident local culos specifying what consthutes a signature. IF you siga this form, you
ddosiace under panalty of perjury that the information provided is trum wid correct to
3a, Debtor May Hava Schcduted Account As: the best of your knowledge. information, and reasonable belief, Your signature is
Roparta change in the creditor's namo, a tranafored claim, or any othor alta d cenilication that the claim) mects Ihe requirments of FRBP 9011(0),
Weformation chat clarifica a difference between Usis proofof claim and the claim ‘Whether the claiin is filed electronically or in person, if your name i on tho
ss scieduled by the debior. slgnatyee fine, you are responsible for the declaration, Print the nama and, title, if
any. of the eroditor or othar person atatorized 10 (Mo thir claim, Stave the Mer's
‘3, Uniform Chale identifier: address and telephone auniber «1 Ic differs from the address given on the top of the
you uses uniform claim identifier. you may report it here, A uniform claim. form For purposes of ruouiving noulces. fhe claim is fied by an authorized agen,
it an of nal 24-churarter(daculflor Una cociain Inrgo crodliors usa mo
identifier provide both tho nam: of the Individual fling the elutm and the mame of the ape)
Excilitate electronic paymtrl in chapter 13 cases. If the authorized agent isn servicer, {dentity the corporate sorviceras the company.
Criminal pennttics opaly for iumking2 Felac etutomnont of & proofof claim.
4 Secured Clatm:
igck whether the claim is fully or partially secured, Skip this scotion ifthe
B 10 (Official Form 10) (12/12)
DEFINITIONS. INFORMATION,
Debtor A claim also may be secured if the creditor owes the Acknowledgment of Fiting of Claim
A debtor is the person, corporation, or other entity debtor money (has a right to setoff). To receive acknowledgment of your filing, you may
that has filed a bankruptcy case. either enclose a stamped self-addressed envelope and
Unsecured Claim a copy of this proof
of claim or you may access the
Creditor An unsecured claim is one that does not meet the court's PACER system
A creditor is a person, corporation, or other entity to requirements ofa secured claim. A claim may be (yes a pacer, Se ox) for a small fee to view
whom debtor owes a debt that was incurred before partly unsecured if the amount of the claim exceeds your fil pr
the date of the bankruptcy filing. See 11 U.S.C. the value of the property on which the ereditor has a
§101 (10) lien. Offers to Purchase a Claim
Certain entities are in the business of purchasing
Claim Claim Entitled to Priovity Under 11 U.S.C. § 507 claims for an amount less than the face value of the
A claim is the creditor's right to receive payment for (a) claims. One or more of these entities may contact the
a debt owed by the debtor on the date of the Priority claims are certain categories of unsecured creditor and offer to purchase the claim. Some of the
bankruptcy filing. See 11 U.S.C. §101 (5), A claim claims that are paid from the available money or written communications from these entities may
may be secured or unsecured. property in a bankruptcy case before other unsecured easily be confused with official court documentation
claims. or communications from the debtor. These entities
Proof
of Claim do not represent the bankruptcy court or the debtor.
A proofof claim is a form used by the creditor to Redacted ‘The creditor has no obligation to sell its claim.
indicate the amount of the debt owed by the debtor A document has been redacted when the person fiting However, the creditor decides to sell its claim, any
on the date of the bankruptey filing. The creditor ithas masked, edited out, or otherwise deleted. transfer of such claim is subject to FRBP 3001(e),
must file the form with the clerk of the same certain information. A creditor mu: sho nly the any applicable provisions of the Bankruptcy Code
bankruptcy court in which the bankruptcy case was Jast four digits of any social-security, indi idual (11 US.C. § 101 ef seq.), and any applicable orders
filed, tax-identification, or financial-account number. only of the bankruptcy court,
the initials ofa minor’s name, and only the year of
Secured Claim Under 11 U.S.C. § $06 (a) any person's date of birth. Ifthe claim is based on the
A secured claim is one backed by a lien on property delivery of health care goods ar services, limit the
of the debtor. The claim is secured so long as the disclosure of the goods or services so as to avoid
creditor has the right to be paid from the property ‘embarrassment or the disclosure of confidential
prior to other creditors, The amount of the secured health care information.
claim cannot exceed the value of the property. Any
amount owed to the creditor in excess of the value of Evidence of Perfection
the property is an unsecured claim. Examples of Evidence of perfection may include a mortgage, lien,
liens on property include a mortgage on real estate or certificate of title, financing statement, or other
a security interest ina car. A lien may be voluntarily document showing that the lien has been Tiled or
granted by a debtor or may be obtained through a recorded.
court proceeding. In some states, a court judgment is
alien.
Preview
Filed NOWAK & STAUCH 13 Ju Gary H t 17 P12:44 itzsimmons District Clerk A Limited Liability Partnership Dallas District 10000 N. CENTRAL Expressway, SUITE 1040 DALLas, Texas 75231 RYAN 214-823-2006 MAIN rgent w.net 214-823-2007 FACSIMILE www.ns-law.net July 17, 2013 Vis E-FILE Honorable Emily Tobolowsky 298™ Judicial District Court 600 Commerce Street, 8" Floor Dallas, Texas 75201 Re: Craig Dyers Cause No. DC-04-01100; Chai Dyer v. Ere Pro Tinie Plumbin did and Nistataton, Installation, Inc., et al.; pending in the 298" District Court of Dallas County, Texas; Our File No. 0679.002 Dear Judge Tobolowsky: In Plaintiff's most recent correspondence with the Court, counsel for the Plaintiff stated that Joe Geeting had not filed a proof of claim in the Pro Plumbing (DCT) bankruptcy relating to his claims for defense and indemnification. This letter is to inform the Court that such claims have, indeed, been filed, as demonstrated by the file-marked proof of claims attached hereto. With this additional documentation, the Court should deny Plaintiffs Motion for Severance, or, at a minimum, hold said Motion in abeyance until the Trustee has made a determination regarding the pursuit of DCI’s claim against Craig Dyer. As always, I am available to discuss this matter further by telephone or in person, as the Court desires. Thank you for your time and consideration. Sincerel. Ryan C. cc: Law Office of Mitchell Madden (via facsimile) B10 (Officiat Form 10) (12/12) UNITED STATES BANKRUPTCY COURT PROOF OF CLAIM ‘Name of Debtor: Case Number, Pro Plumbing & Appliance Installation Inc. 12-44557-RFN-7 NOTE: Do not use this form to make a claim for an administrative expense that arises after the bankruptcy filing. You may file a request for payment of an administrative expense according to 11 U.S.C. § 503. Name of Creditor (the person of other entity to whom the debtor owes money or property): N. Joseph Geeting COURT USE ONLY Name and address where notices should be sent: CO Check this box if this claim amends a 3002 Fairland Dr. previously filed claim, Highland Village, TX 75077 Court Claim Number: Ufknown) ‘Telephone number: (972) 896-5370 email: Filed on: Name and address where payment should be sent (if different from above): G Check this box if you are aware that anyone else has filed a proof of claim relating to this claim, Attach copy of statement giving particulars. Telephone number: email: 1. Amount of Claim as of Date Case Filed: $. 54,603.09 Hfall or part of the claim is secured, complete item 4. Wall or part of the claim is entitled to priority, complete item 5. Check this box if the claim includes interest or other charges in addition to the principal amount of the claim. Attach a statement that itemizes interest or charges, 2. Basis for Claim: _ Attorney's fees subject to indemnity —_— (See instruction #2) 3. Last four digits of any number 3a. Debtor may have scheduled account as: 3b, Uniform Claim Identifier (optional): by which creditor identifies debtor: —— (See instru #3a) ns nH ‘Amount of arrearage and other churges, as of the fime case was filed, 4. Secured Claim (See instruction #4) included in secured claim, if any: ‘Check the appropriate box if the claim is secured by a lien on property or a right of ‘setoff, attach required redacted documents, and provide the requested information. s Nature of property or right of setoff: C)Real Estate Motor Vehicle Other Basis for perfection: Describe: Vatue of Property: Amount of Secured Claim: s Annual Interest Rate, fo OFixed or OVariable Amount Unsecured: Ss. 54,603.09 (when case was fited) 5. Amount of Claim Entitled to Priority under 11 U.S.C, § 507 (a), If any part of the claim falls into one of the following categories, check the box specifying the priority and state the amount. GF Domestic support obligations under 11 Wages, salaries, or commissions (up to $11,725¢) © Contributions to an US.C. § 507 (aX1XA) or (a)(1 XB). earned within 180 days before the case was filed or the employee benefit plan — debtor's business ceased, whichever is earlier — 11 U.S.C. § 507 (aX5). 11 U.S.C. § $07 (aX 4). Amount entitled to priority: © Upto $2,600" of deposits toward © Taxes or penalties owed to governmental units — Gi Otter - Specify 8 purchase, lease, or rental of property or 1 U.S.C. § 507 (aX). applicable paragraph of services for personal, family, or houschold ML U.S.C. § 507 (a). use = 11 U.S.C. § 507 (a)(7). *Amounts are subject to adjustment on 4/1/13 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment, 6. Credits. The amount of all payments on this claim has been credited for the purpose of making this proof of claim. (See instruction #6) 07/16/2013 15:31 FAX 002/004 B 10 (Official Form 10) (12/12) 2 7, Documents; Attachedore redacted co; plea of any documents that auppon the clalin, such 8s promissory tavay, purchiso orders, invaicay, iigmized stalemants of running stcounts, contracts, judgmecds, , Secttty ugrocments, or, in the case of a claiin based on an open-gnd oF revolving consumer credit agrosment, atate:nent providing the infarmation raquired by FRBP 3001(c)(3)(A) TFtha claim is necured, box 4 has been complied, atid redacted coptes of documents, viding evidence of porfeotion of a sccurity intorest are attached, If the claim sacured by the deblor’s principal residence, the Marrgeas Peoof of Clalm Auachment Is buing Tiled with thie claim, See instruction #7, and the definition of “redacted".) DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING. ifthe documgnts ore not available, please oxplain; ‘8 Sigmature; (800 instruction #8) Check the appropriate box. Sin thecredior, CS Lam the creditor's euthorized agent. G Jam the ieustee, of tho debror, Jama guarantor, surety, indorser, or other codebior, ‘or theirauttiorivgd spent, {Sco Bonkruptcy Rule 3005.) See Bunkiuptay Rule 3004) I deolare under penalty of porjury that the information pravided in this vlaim teue autd correct to thie bett of my knowledge. inforwation, and roascaRble baliof, abigail 3f toa Pale Name: N.Jogeph Geeting Company: Addrant arid telephono number (IP different from notice address abovo): iin Q —. | Tetepbane munber: i Parally Jor presaning rate end elalm: Pioa of up to $500, ‘ot Imprisonment tbr tip to 3 years, of both. 18 U.S C, $8 152 and 3871. INSTRUCTIONS FOR PROOF OF CLAIM FORM ‘The instructions ane dafiniitans below are genapal axplancdions of the lav. dn cartain ctreunerancer, such 03 bruikrupley cares nat fled yolumtarily by tha debtor, exceptions Co thase generdl rules ney appl. Items ty bo6: lated jaf of Clatm fore, Court Nanve of) and Case Neral ‘cinin is entirely unsecured, (See Mofinidionn) Iriko claim ls vecured, check ihe ‘Pill ha the feckeral judicial district in which the bent oy case was fited (for ‘box for the nature and value of propery that secures the claim, attach copies of lien example, Contral District of Callforgta), tho debtor's ful nama, and the ome. documentation, and stave, ax of tha dote of the bankrupicy fing, the sna) Imeoat umber. If the creditor received & notice of the case from the butkruplay court, reco (and wiwther It fs fxed or variable), and the amount paat due on the dato, all of'this information is at the top of the notice, Amount of Claim Eniltied to Priority Vader 11 ULC. § 807 (a). {any ponion ofthe claim falls Into any oat 1 shown, check the appropriaic: bbox{ea) and state the mnyeunt antitied (0 prio ye (See Deffniuons) A claim may Creditor's Name and Addireas: FIN ty the nme of tho parton or entity asmerting a clair and the naine and 08s of the person who should raneiva notices Isrued during he bankruptoy be party priorliy and pany non-priarily. Forexample, Inaome of the ealagorles, cane, A separate apace fs provided for the paymant address if il differs feom the the faw limits the amon entitled co priority, notica address, Tho creditor has a cominuing obligation te keop the court informed of its currerk pddrese. Sco Federal Rute of Bankruptcy Procedure 6. Credita (PREP) 2002(4). ‘An nuthorized signature on this proof oC claim serves as an acknowledgmerd that when calculating the amount of the claim, the creditor gavo the debtor oredit for 1. Armoaat of Claba as af Date Case ited: Any paymignts received coward the debt. State the taiat amount owod tc tha eeditor on tha date oftho bankruptcy filing, Follow the instructions concomning whelberlo complete itams 4 and 5, Check 2 Documents: the box if imareat or other charges pre lnchaded in the claim. Attech redacted copies of any documents that show the debt exists snd a tiea socurer the dobl, You mutt also attach copies of documents that evidence tion 2 Bunks for Chale ‘of any securily interest end documenta requitad by PREP 3001(c) for elainas baced ‘Stale Uve type of debt or how it wes Incurred, Examples inolude goods sold, ‘on an open-end or revolving conauiner eredit agroementof securedby a security mony fa services perform ini | eet, car for, interest In (he debror's prluc|pal residence, You may sleo atiach w summery lit ond cradit card. §f the claim is O04 OF sorvicns, limit th dlactosure of he aed onlivoring hicalth care Or services #0 08 10 avoid addition to the documents themnsetves. FREP 3001(c) and (d), Ifthe claim is bested on dolivering health core poods or servicas, lini disclosing contiderditl health care: emburrasument o¢ losure of confidential health care information. You information, Po not send original docuinents, as attachments may be destroyed may bo required to provide sddisional disclomure ifn intoremted party objeols 10 ae acenming, thac’aim, 3. Date ane Sigaaturet % Last Four Digits of Any Number by Walch Creditor tdentifica Debtor: The individual completing hia proof of claim musi sign and date il, FRBP 9011, only dhs last four digits of the debioe's account or other numbor uted by the TE the clin ly filed elocironicelly, PREP 5005(a)(2) authorizes courts to establish ‘creditorfo ident local culos specifying what consthutes a signature. IF you siga this form, you ddosiace under panalty of perjury that the information provided is trum wid correct to 3a, Debtor May Hava Schcduted Account As: the best of your knowledge. information, and reasonable belief, Your signature is Roparta change in the creditor's namo, a tranafored claim, or any othor alta d cenilication that the claim) mects Ihe requirments of FRBP 9011(0), Weformation chat clarifica a difference between Usis proofof claim and the claim ‘Whether the claiin is filed electronically or in person, if your name i on tho ss scieduled by the debior. slgnatyee fine, you are responsible for the declaration, Print the nama and, title, if any. of the eroditor or othar person atatorized 10 (Mo thir claim, Stave the Mer's ‘3, Uniform Chale identifier: address and telephone auniber «1 Ic differs from the address given on the top of the you uses uniform claim identifier. you may report it here, A uniform claim. form For purposes of ruouiving noulces. fhe claim is fied by an authorized agen, it an of nal 24-churarter(daculflor Una cociain Inrgo crodliors usa mo identifier provide both tho nam: of the Individual fling the elutm and the mame of the ape) Excilitate electronic paymtrl in chapter 13 cases. If the authorized agent isn servicer, {dentity the corporate sorviceras the company. Criminal pennttics opaly for iumking2 Felac etutomnont of & proofof claim. 4 Secured Clatm: igck whether the claim is fully or partially secured, Skip this scotion ifthe B 10 (Official Form 10) (12/12) DEFINITIONS. INFORMATION, Debtor A claim also may be secured if the creditor owes the Acknowledgment of Fiting of Claim A debtor is the person, corporation, or other entity debtor money (has a right to setoff). To receive acknowledgment of your filing, you may that has filed a bankruptcy case. either enclose a stamped self-addressed envelope and Unsecured Claim a copy of this proof of claim or you may access the Creditor An unsecured claim is one that does not meet the court's PACER system A creditor is a person, corporation, or other entity to requirements ofa secured claim. A claim may be (yes a pacer, Se ox) for a small fee to view whom debtor owes a debt that was incurred before partly unsecured if the amount of the claim exceeds your fil pr the date of the bankruptcy filing. See 11 U.S.C. the value of the property on which the ereditor has a §101 (10) lien. Offers to Purchase a Claim Certain entities are in the business of purchasing Claim Claim Entitled to Priovity Under 11 U.S.C. § 507 claims for an amount less than the face value of the A claim is the creditor's right to receive payment for (a) claims. One or more of these entities may contact the a debt owed by the debtor on the date of the Priority claims are certain categories of unsecured creditor and offer to purchase the claim. Some of the bankruptcy filing. See 11 U.S.C. §101 (5), A claim claims that are paid from the available money or written communications from these entities may may be secured or unsecured. property in a bankruptcy case before other unsecured easily be confused with official court documentation claims. or communications from the debtor. These entities Proof of Claim do not represent the bankruptcy court or the debtor. A proofof claim is a form used by the creditor to Redacted ‘The creditor has no obligation to sell its claim. indicate the amount of the debt owed by the debtor A document has been redacted when the person fiting However, the creditor decides to sell its claim, any on the date of the bankruptey filing. The creditor ithas masked, edited out, or otherwise deleted. transfer of such claim is subject to FRBP 3001(e), must file the form with the clerk of the same certain information. A creditor mu: sho nly the any applicable provisions of the Bankruptcy Code bankruptcy court in which the bankruptcy case was Jast four digits of any social-security, indi idual (11 US.C. § 101 ef seq.), and any applicable orders filed, tax-identification, or financial-account number. only of the bankruptcy court, the initials ofa minor’s name, and only the year of Secured Claim Under 11 U.S.C. § $06 (a) any person's date of birth. Ifthe claim is based on the A secured claim is one backed by a lien on property delivery of health care goods ar services, limit the of the debtor. The claim is secured so long as the disclosure of the goods or services so as to avoid creditor has the right to be paid from the property ‘embarrassment or the disclosure of confidential prior to other creditors, The amount of the secured health care information. claim cannot exceed the value of the property. Any amount owed to the creditor in excess of the value of Evidence of Perfection the property is an unsecured claim. Examples of Evidence of perfection may include a mortgage, lien, liens on property include a mortgage on real estate or certificate of title, financing statement, or other a security interest ina car. A lien may be voluntarily document showing that the lien has been Tiled or granted by a debtor or may be obtained through a recorded. court proceeding. In some states, a court judgment is alien.