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Claims
A claim is a right to payment or a right
to an equitable remedy for a failure of
performance if the breach gives rise to a
right to payment. 11 U.S.C. § 101(5).
In some instances, a creditor must file a
proof of claim form along with documentation
evidencing the validity and
amount of the claim.
When proofs of
claim are required to be filed, creditors
must file the proofs of claim with the
bankruptcy clerk in the district where
the case is pending. The clerk is
required to keep a list of claims filed in
a case when it appears that there will be
a distribution to unsecured creditors.
Fed. R. Bankr. P. 5003(b). Most creditors
whose claims are scheduled (i.e.,
claims listed by the debtor on the
debtor's schedules), but not listed as
disputed, contingent, or unliquidated,
need not file claims because the schedule
of liabilities is deemed to constitute
evidence of the validity and amount of
those claims. 11 U.S.C. § 1111. Any
creditor whose claim is not scheduled,
or is scheduled as disputed, contingent,
or unliquidated, must file a proof of
claim in order to be treated as a creditor
for purposes of voting on the plan
and distribution under it. Fed. R.
Bankr. P. 3003(c)(2).
If a scheduled
creditor chooses to file a claim, a properly
filed proof of claim supersedes any
scheduling of that claim. Fed. R. Bankr.
P. 3003(c)(4). It is the responsibility of
the creditor to determine whether the
claim is accurately listed.
The debtor
must provide notification to those creditors
whose names are added and
whose claims are listed as a result of an
amendment to the schedules. The notification
also should advise such creditors
of their right to file proofs of claim
and that their failure to do so may prevent
them from voting upon the
debtor's plan of reorganization or participating
in any distribution under that
plan.
When a debtor amends the schedule
of liabilities to add a creditor or
change the status of any claims to disputed,
contingent, or unliquidated
claims, the debtor must provide notice
of the amendment to any entity affected.
Fed. R. Bankr. P. 1009(a).
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