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Proof of Claim

Local Rule Number: 
Rule 3001-1
3000 Series

(A)       Form.   A proof of claim shall conform to the requirements of Bankruptcy Rule 3001(a) and Local Rule 9004-1, and the Official Bankruptcy Form “Proof of Claim”, and must be signed by the claimant or the claimant’s agent. A proof of claim may be conventionally or electronically filed.  Electronically filed claims are deemed signed upon electronic submission as provided under Local Rule 5005-4(D).

☞ 2015 Amendment:    Eliminates former section (A)(2) referencing custom proof of claim which is no longer used in this court.

(B)       Administrative Claims.  Unless otherwise ordered by the court, requests for payment of administrative expenses shall comply with the requirements of Local Rule 1019-1(J), 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.

☞2016 Amendment: Citation to Local Rule 1019-1 amended to reflect adoption of Interim Local Rule 1019-1 by Administrative Order 2016-02.

(C)       Transferred Claim.

(1)        Submission Requirements.  Any assignment or other evidence of a transfer of claim filed after a proof of claim has been filed, shall include the claim number of the claim to be transferred.  In chapter 11 cases, any assignment or other evidence of a transfer of claim filed where no proof of claim has been filed, shall include reference to the scheduled claim, including classification and amount.

(2)        Order Not Required.  Absent any timely filed objection to the notice of transfer served by the clerk, the claim shall be, without any further order of the court, noted as transferred on the records of the court.

(3)        Notice Not Required.  Where evidence of full or partial transfer of a claim is filed which contains the signatures of both the transferor and transferee, and such evidence of transfer is filed pursuant to Bankruptcy Rule 3001(e)(2) and (4), and in accordance with the local rules, the clerk shall not provide notice of the filing of evidence of the transfer and no objection deadline shall be established.  The transferor shall be deemed to have waived any objections to the transfer and the claim shall be noted as transferred in the records of the court.