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FAQs For Creditor
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Administrative claim - can I file an administrative claim on the ePOC site?
No – Pursuant to Local Rule 3001-1(B) unless otherwise ordered by the court, requests for payment of administrative expenses shall comply with the requirements of Local Rule 1019-1(F), 2016-1(C)(2), 9013-1, 9013-3 and 9073-1, which requirements include the filing of a motion or application for payment, except as provided under 11 U.S.C. §503(b)(1)(D). A claim filed on the Official Bankruptcy Form “Proof of Claim” alleging a §503 administrative claim does not comply with these requirements, is not effective, and shall not be set for hearing, even though such form may be docketed on the claims register.
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Amended claim - how can I reattach those PDF images of supporting documentation that did not properly attach to a recently filed electronic proof of claim?
- Reformat the supporting documentation to an acceptable format. It may be necessary that you divide the PDF image into multiple attachments.
- File an amended claim and attach the correct PDF images.
- Check the box that designates that the claim is amended. Select the claim number of the claim to be amended.
- Attachments must be properly added by amendment as described. Amendments should not be attempted by faxing or mailing to the Trustee’s office unless specifically requested.
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Amended claim - how do I amend a claim?
If the claim amends a claim previously filed in the case, check the box indicating that the claim amends a previously filed claim. Select the claim number being amended from the dropdown list of claim numbers.
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Authorized Agent - do I need to fill out the section for Authorized Agent of Creditor if I am filing an electronic proof of claim as an agent for a company?
Yes – Provide your name, title, address (even if it is the same as the creditor) and a telephone number where you can be reached if necessary.
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Case Information - how do I get case information on someone who owes me money but filed for bankruptcy?
To search for case information you may call the court’s automated McVCIS (Multi-Court Voice Case Information System) at (866) 222-8029 [Press #74 for the Southern District of Florida]. 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 [see 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 after the bankruptcy filing which will provide you with important information about and instructions for the case that was filed. For additional information visit the Creditor Resources in the Don't Have A Lawyer page.
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Chapter case - can I file a proof of claim in any chapter case?
Yes
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Claims number - how do I receive an acknowledgment from the court that I filed a proof of claim?
At the time you file the claim, the court’s claim number will display with a link to the electronically file-stamped proof of claim upon submitting the proof of claim. The claim will be file stamped as of the entry date. It is recommended that you print a copy of the claim or save the electronic copy at the time you file it, since you will not be able to retrieve this link again and may be required to pay fees for a later search for and copying of your filed proof of claim. If you file the proof of claim in person, ask for a copy of the proof of claim after it has been file stamped by the clerk.
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Claims register - when will the claim appear on the claims register?
The claim will immediately appear on the claims register upon submitting the proof of claim. Always be sure you have carefully reviewed your claim before submitting it.
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Deposit - how do I find out if there is a deposit of funds in my name from a bankruptcy case?
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 the notice to see if you are listed as someone in whose name the trustee deposited funds. Creditors should contact the case trustee; the case trustee's name is on the 341 meeting of creditors notice. To search for case information you may call the court’s automated McVCIS (Multi-Court Voice Case Information System) at (866) 222-8029 [Press #74 for the Southern District of Florida]. 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 [see Instructions for Electronic Public Access Services].
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Electronic notification - will the trustee assigned to the case receive electronic notification of the filing of the proof of claim?
Yes – The case trustee will automatically receive electronic notification of the claim filed. Also, any other case participant (e.g., debtor’s attorney, creditors) who have made an electronic appearance in the case will automatically receive electronic notification of the claim filed.
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Electronic Proof of Claim - what are some helpful hints when electronically filing a proof of claim?
Verify the debtor(s) name and case number prior to submitting the proof of claim.
Check the amends box if you are resubmitting or amending a claim for any reason.
Verify all amounts in sections 1, 4 & 5. The total amount is required in section 1. If you have supporting documentation to attach, select the Yes radio button.
Print or save the completed proof of claim when directed to view/print your filed claim.
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File a Claim - how do I file a proof of 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 Form B410 Proof of Claim form 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.
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Filing - how do I become registered to file documents and receive notice of case activity?
Access to the full filing portion of CM/ECF is only available to authorized attorneys admitted to the Southern District of Florida Bar and who are qualified to practice before this court (Review Attorney Admissions). However, attorneys appearing under Local Rule 2090-1(C)(1) and creditors without attorneys [See Local Rule 5005-4(B)(3)] may become registered users with “limited” creditor filing privileges (Review New User Registration) permitting them to electronically file certain notices and other documents. In addition, any claimant or the claimant’s agent may utilize the ePOC program to submit a proof of claim form electronically, which does not require registration in CM/ECF [Local Rule 3001-1(A)(1)].
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 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. 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.
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Mailing matrix - will I be added to the case for service of future notices if I file my claim using the electronic Proof of Claim (ePOC)?
The address of the creditor listed on the proof of claim is automatically added to the mailing matrix of a case when a proof of claim is filed to insure service of case-wide documents.
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Notice of Commencement of Case - what if I received a proof of claim form with a notice of commencement of case?
You may complete either the proof of claim form mailed with the notice of commencement of case OR submit your claim electronically using the electronic proof of claim form. DO NOT submit both. Make sure you file the claim by the deadline. A late filed claim may not be entitled to a distribution.
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Notices - how do I get notices sent to me in a bankruptcy case where I am a creditor?
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. 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 some of 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).
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Order Upload - how do I do this?
Please review the Guidelines for Preparing, Submitting and Serving Orders before you upload your order. Additionally, you can review the Working with PDF Forms to familiarize yourself with manipulating the PDF document.
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Payment address - can I include a separate address the payments should be mailed to in an electronic proof of claim?
Yes – Check the box indicating that the Payment Address differs from Notice Address. An additional address field will appear for this alternative address.
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Proof of Claim - how do I file a proof of claim electronically?
A proof of claim may be filed electronically using the electronic proof of claim form. If you are filing a proof of claim electronically for the first time, please read all information provided BEFORE attempting to file your proof of claim.
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Proof of Claim [B10 form] - do I need to attach the hard copy of the B10 Proof of Claim form as an attachment?
No – The electronic fillable form on this site will create the B10 “Proof of Claim” form. Any attachments should consist of supporting documentation to the proof of claim.
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Registered user - do I need to become a CM/ECF registered user to file a proof of claim (POC)?
No – Under Local Rule 3001-1(A)(1), 5005-4(B)(3) and (D), a claimant or claimant’s agent, including an attorney who is not a registered CM/ECF user, may utilize the electronic claims filing feature available on the court website without becoming a registered user. No log in or password is required.
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Respond to a Notice - do I have to appear at a hearing scheduled in the notice or respond to 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. If you have an attorney check with him/her before coming to court. By law you are required to receive notices of certain matters even when you have a lawyer but you don't always need to go to court. However, you are always required to appear at your first meeting of creditors. The date, time, and location of that meeting will be in a notice you receive at the beginning of your case.
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Signing - how do I sign an electronic proof of claim?
Pursuant to Local Rule 5005-4(D), a proof of claim signed and filed electronically, shall constitute the filer’s approved signature and have the same force and effect as if the individual signed a paper copy. The full name and title of a creditor or other person authorized to file a proof of claim must appear on the form. If a party other than the creditor is filing the proof of claim, the address of that party must be included. Filing a proof of claim electronically deems the claim signed by the creditor or authorized person.
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Tax Returns - do I have access to this as a creditor?
Under the Bankruptcy Code and rules or order of the court, the debtor, in some instances may be required to either provide copies of tax returns to the trustee, creditors or file them with the court. As a result, 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 Tax Return Guidance.
- debtor’s duty to provide, 4002-1
- Administrative Office Memo – Tax Return Guidance