Effective April 1, 2016, the U. S. Bankruptcy Court for the Eastern District of New York will implement a new application that will enable creditors without a CM/ECF login/password to electronically submit proofs of claims for all chapters, except for cases that have been assigned a Claims Agent. This eliminates the need to complete the paper copy of the Proof of Claim Form (B410) and mailing it to the Court.
If you currently have a CM/ECF login/password, please continue to file proofs of claims in CM/ECF as you normally would.
The name and complete address of the creditor must appear on the claim form. If an attorney is filing the claim on behalf of a creditor, the attorney should also enter his/her name and address. The name and title, if any, of the person authorized to file the claim is required on the claim form. 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, 157 and 3571
When filing a proof of claim or amended proof of claim, the claimant shall comply with the requirements of Rule 3001(c) and (d) of the Federal Rules of Bankruptcy Procedure (“FRBP”) and all applicable EDNY Local Bankruptcy Rules regarding the attachment of documentation in electronic format sufficient to establish the validity and status of the claim and any applicable security interest.
When filing a FRBP 3002.1 mortgage payment document, the creditor shall comply with all applicable provisions of FRBP 3002.1.
The electronic filing of a proof of claim, amended proof of claim, withdrawal of claim, or FRBP 3002.1 mortgage payment document with the Clerk shall constitute the filing claimant’s approved signature by law, and the provisions of 18 U.S.C. § 152 shall apply to such filing.
The filing of a proof of claim, amended proof of claim, withdrawal of claim, and FRBP 3002.1 mortgage payment document electronically in accordance with the Clerk’s procedures shall constitute entry of the proof of claim or related document in the claims register maintained by the Clerk pursuant to FRBP 5003.