Help! I’m a Consumer Owed Money by a Company That Filed Bankruptcy
By Stephen Otto, Pennsylvania Bankruptcy Attorney on Nov 7, 2007 in Bankruptcy Practice and Procedure, General Bankruptcy Information
If you are a consumer who is owed money by a bankrupt company, you may receive a Proof of Claim form from the bankruptcy court where the company filed for bankruptcy. You should contact an experienced bankruptcy attorney for assistance in completing and filing the form. The attorney should be able to advise you of your rights. If you are unable to retain an attorney, the following pointers may help you in filing your claim.
The Proof of Claim form may appear intimidating at first glance. Start off by reading the Instructions for Proof of Claim Form. This will help you understand the terminology used in the form. Next, complete the Proof of Claim form to the best of your ability. Take your time and read each section carefully. Refer back to the definitions on the Instructions page if you get confused. You should include as much detail as possible. Assemble, copy, and attach any and all documents that show the company owes the debt you are claiming they owe. If these documents are not available, you must attach an explanation of why they are not available. Finally, make two copies of the Proof of Claim with your attachments. File the original and one copy with the Clerk of Court for the Bankruptcy Court that sent you the Proof of Claim form. Typically, you will find this address somewhere on the form or the envelope. If not, you can find the address of the court by visiting http://www.uscourts.gov/courtlinks/. If you mail in the form, be sure to include a self-addressed, stamped envelope so the court can return a date-stamped copy of the Proof of Claim to you.
Typically, there is a deadline for filing your Proof of Claim, so do not wait. Either contact an experienced bankruptcy attorney or complete the form and file it immediately.
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