1. Can I file an electronic proof of claim in any chapter case?
Yes. The Eastern District of New York began accepting electronic claims in all case chapters, effective April 1, 2016, except for cases that have been assigned a Claims Agent.
2. I am a creditor’s attorney and will be filing a claim on behalf of my client. How do I record the creditor address and my address as attorney?
When filing the claim, there is a drop-down box on the first screen titles "Filed by" which allows you, the filer, to select who is submitting the claim. The options are: Creditor; Creditor Attorney; Debtor; Debtor Attorney or Trustee. If the attorney is the filer, you will be able to add the attorney's name and address and select the creditor’s name from the listing of creditors in the case or if the creditor is not listed or listed incorrectly, you are able to add the correct creditor. Both names and addresses will be added to the mailing matrix and displayed on the Proof of Claim and Claims Register.
3. Can I include a separate mailing address for payments?
Yes. Check the box indicating that the Payment Address is different from the Notice Address. An additional address field will appear to enter the alternate address for payments.
4. At the time of filing my claim, I do not know the amount that is due. How do I enter “Unknown” in the amount for the claim?
In the amount box enter 0, and enter in the comment field why it is zero. Once you know the amount of the claim, file an amended claim.
5. Do I need to attach the B410 claim form as an attachment?
No, the fillable form will create the B410 form. Any attachments should consist of supporting documentation to the Proof of Claim.
6. Is a signature required on the Proof of Claim?
Yes. Type the name, title, company, address, contact phone, and e-mail of the person authorized to file the claim on behalf of the creditor. The filing of the claim electronically deems the claim signed by the creditor or authorized person. A copy of a power of attorney, if any, should be attached to the claim.
7. Can I get a stamp-filed acknowledgment of the Proof of Clam?
Yes. Upon submitting the proof of claim, the Court’s claim number will display with a link to the electronically file-stamped proof of claim to view/print a copy of the form for your records. You will also have the option to Email the receipt page. The claim will be file stamped as of the entry date. It is recommended that the claim be printed or saved at this time because this will be your only opportunity to view your filed claim without the use of a Pacer account.
8. When will the claim appear on the claims register?
Upon submitting the proof of claim, the claim will immediately appear on the claims register.
9. I filed a claim and my attachments did not properly attach to the claim filed. How do I get the supporting documentation filed?
a) Ensure that the attachment(s) is in PDF format and is being submitted in black and white (no color documents).
b) Confirm that each PDF document being attached is no more than 4MB in size.
c) File an amended claim and attach the correct PDF images.
d) When filing the amended claim, check the box on the form that designates that the claim is amended. Select the claim number of the claim to be amended.
e) Attachments must be added by the process above.
10. I need to amend a claim. How do I do this?
When completing the fillable claim form, check box #4 to indicate that the claim amends a previously filed claim. You can then enter the Court Claim Number and the date of the previous claim. A new claim number will be assigned and the claims register will indicate that the claim is an amendment.
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.
11. Will the Trustee be served with the Proof of Claim?
Yes. The Trustee will receive electronic notification of the claim filed. You do not need to file separate paper claim with the Trustee’s office.
12. How will I know the treatment of my claim by the Chapter 13 Trustee?
Contact the office of the Chapter 13 Trustee.
Trustee Marianne DeRosa - (516) 622-1340.
Trustee Michael Macco - (631) 549-7000.
13. If my claim has been paid, should I file a Withdrawal of Claim?
No. A withdrawal of claim is typically filed when the claim was filed in error and there are no funds due the creditor from the estate. If you file a withdrawal of claim in a case where you have received distributions from the Trustee, the Trustee’s office will contact you regarding a refund of those funds.