SOUTHERN DISTRICT OF FLORIDA

Creditors

 

Warning           CLICK HERE FOR IMPORTANT DEADLINE INFORMATION FOR CREDITORS             Warning

 

 

 

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SOMEONE WHO OWES ME MONEY FILED FOR BANKRUPTCY IN THIS COURT. WHERE CAN I FIND OUT INFORMATION ABOUT THE CASE?

You may call the court’s automated McVCIS (Multi-Court Voice Case Information System) at (866) 222-8029 to search for case information.

You may access the electronic case docket for free at public computer terminals at each clerk’s office location or for a fee using WEBPACER. Instructions for Electronic Public Access Services

If the debtor listed you as a creditor on the mailing matrix when the case was filed, you should receive a clerk’s notice of commencement of case no later than 7-10 days after the filing which will provide you with important information about and instructions for the case that was filed.

 

HOW DO I GET NOTICES SENT TO ME IN A BANKRUPTCY CASE WHERE I AM A CREDITOR OF THE DEBTOR?

To receive notices in a bankruptcy case the debtor must have listed you on the mailing matrix of creditors when the case was filed or you must file a written notice of appearance with the court. You will also be added to the mailing matrix when you file a proof of claim in an asset case (a case where funds will be available for distribution to creditors). If the address supplied by the debtor as your address is not correct or if you change your address during the time the case is proceeding, you must notify the court in writing of your current address.

IMPORTANT: If your correct and current address is not listed in the court records, you will not receive notices in the case and, if dividends are distributed to creditors, your dividend check may not reach you. 

The clerk’s office automatically sends the following notices to parties who are listed in a case at the time the notice is sent. Notice of Commencement of Case, Discharge of Debtor (if applicable), Order Dismissing Case (if applicable).

 

HOW DO I FILE A CLAIM?

The notice of commencement of case served by the clerk’s office when the case is filed will contain information regarding filing a proof of claim if the case has been designated as an asset case.

A proof of claim may be filed using the Official 410 Proof of Claim form available on the court’s website and mailed back to the court in time to ensure that it is received on or before the deadline contained in the Meeting of Creditors notice. If you wish to receive a file-stamped copy of your claim, please enclose an extra copy of the claim and a self addressed stamped envelope.

As an alternative filing method, any creditor with internet access may file a proof of claim electronically and print a copy of the claim at the time of filing by using the electronic claims filing program on the court website.

 

HOW DO I FILE A PROOF OF CLAIM ELECTRONICALLY?

A proof of claim may be filed electronically using the electronic proof of claim form link below. If you are filing a proof of claim electronically for the first time, please read all information provided below BEFORE attempting to file your proof of claim using this link.

This service is now being provided as an alternative filing option for those parties not eligible to register for CM/ECF who had to previously file their proofs of claim conventionally (in paper) with the court.

As provided under Local Rules 3001-1(A)(1), 5005-4(B)(3) and 5005-4(D), a claim filed electronically on this court’s website shall constitute the filer’s approved signature and have the same force and effect as if the individual signed a paper copy of the document. Documents required to be verified or contain an unsworn declaration that are filed electronically shall be treated, for all purposes (both civil and criminal, including penalties for perjury), the same as though signed or subscribed.

You must remove certain personal information from all documents before electronically submitting the proof of claim form. See the notice below and Local Rule 5005-1(A)(2).

IMPORTANT NOTICE OF REDACTION RESPONSIBILITY:  All filers must redact: Social Security or taxpayer-identification numbers; dates of birth; names of minor children; and financial account numbers, in compliance with Bankruptcy Rule 9037. This requirement applies to all documents, including attachments.

Penalty for filing fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.

 

DO I HAVE TO RESPOND TO A NOTICE I RECEIVED FROM THE COURT OR APPEAR AT A HEARING SCHEDULED IN THE NOTICE?

If you receive a notice from the court or from another party in the case, you should read it carefully to determine what deadlines and other information apply to you. The clerk’s office can not provide legal advice, including whether you must respond to a notice or whether you must appear at a hearing. If you are uncertain what to do, you may wish to obtain the advice of an attorney.

 

AS A CREDITOR, HOW DO I BECOME REGISTERED TO FILE DOCUMENTS AND RECEIVE NOTICE OF CASE ACTIVITY ELECTRONICALLY IN CM/ECF?

Creditors seeking access to CM/ECF in order to file documents and receive electronic notice must submit the Acknowledgment of Responsibility and Registration Form Limited Filer (LF-96) and complete a proof of proficiency requirement to demonstrate knowledge of CM/ECF. Read the form thoroughly to determine if you want to complete the process to be able to file the documents permitted by the court and to receive electronic notification of case activity. See also Question 12 on the General Pro Se Information.

If you don’t choose to register as a CM/ECF creditor filer as described above, another option you may wish to consider is to register for electronic bankruptcy noticing with the Bankruptcy Noticing Center. Once registered, you will receive all notices (including attachments) served by the clerk’s office electronically instead of via US mail. For information on, or to register for this free service, contact the Bankruptcy Noticing Center at ebn.uscourts.gov. Note: Notice served under this BNC electronic service option will not include all notices served in the case, just those notices the clerk is required to serve. You will receive service of all other documents in paper format by the party required to serve the document.

 

AS A CREDITOR, MAY I HAVE ACCESS TO THE DEBTOR’S TAX RETURNS?

A creditor may obtain a copy of certain tax returns of the debtor, however such requests are governed by the Bankruptcy Code and Rules, this court’s local rules, and by the Administrative Office of the US Courts, as outlined in Administrative Office Memo – Tax Return Guidance.

 

HOW DO I FIND OUT IF THERE IS MONEY DEPOSITED IN MY NAME AS A CREDITOR IN A BANKRUPTCY CASE IN THIS COURT?

If a payment was made to you and the check was undeliverable to the address the trustee mailed it to and you know the case name or case number for the debtor who owes you money, you can review the case docket to see if the trustee filed a Notice of Deposit of Funds with the Clerk of Court. Then you can review this document to see if you are listed on the notice of deposit. If you are, you may apply to claim the funds by following the “Clerk’s Instructions for Deposits Into and Withdrawals from Unclaimed Funds” (CI-5) and submitting Local Form “Application to Withdraw Unclaimed Funds” (LF-27).

 

I HAVE INFORMATION ABOUT BANKRUPTCY FRAUD IN A CASE. WHERE DO I REPORT IT?

The following link to the bankruptcy fraud hotline contains information for reporting bankruptcy fraud.  Bankruptcy Fraud Hotline

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