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Debtor
A debtor is the person, corporation, or other entity that has filed a
bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity owed a debt by the
debtor on the date of the bankruptcy filing. See 11 U.S.C. ァ101 (10).
Claim
A claim is the creditor's right to receive payment on a debt that was owed
by the debtor on the date of the bankruptcy filing. See 11 U.S.C. ァ101 (5).
A claim may be secured or unsecured.
Proof of Claim
A proof of claim is a form used by the creditor to indicate the amount of
the debt owed by the debtor on the date of the bankruptcy filing. The
creditor must file the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C.
ァ506(a)
A secured claim is one backed by a lien on property of the debtor. The
claim is secured so long as the creditor has the right to be paid from the
property prior to other creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to the creditor in excess
of the value of the property is an unsecured claim. Examples of liens on
property include a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be obtained through a
court proceeding. In some states, a court judgment is a lien. A claim also
may be secured if the creditor owes the debtor money (has a right to setoff).
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Unsecured Claim
An unsecured claim is one that does not meet the requirements of a secured
claim. A claim may be partly unsecured if the amount of the claim exceeds
the value of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11
U.S.C. ァ507(a)
Priority claims are certain categories of unsecured claims that are paid
from the available money or property in a bankruptcy case before other
unsecured claims.
Redacted
A document has been redacted when the person filing it has masked, edited
out, or otherwise deleted, certain information. A creditor should redact
and use only the last four digits of any social-security, individual's taxidentification, or financial-account number, all but
the initials of a minor's name and only the year of any person's date of
birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien, certificate
of title, financing statement, or other document showing that the lien has
been filed or recorded.
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Acknowledgment of Filing of Claim
To receive acknowledgment of your filing, you may either enclose a stamped
self-addressed envelope and a copy of this proof of claim or you may access
the court's PACER system (www.pacer.psc.uscourts.gov) for a small fee to view
your filed proof of claim.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims for an amount
less than the face value of the claims. One or more of these entities may
contact the creditor and offer to purchase the claim. Some of the written
communications from these entities may easily be confused with official
court documentation or communications from the debtor. These entities do
not represent the bankruptcy court or the debtor. The creditor has no
obligation to sell its claim. However, if the creditor decides to sell its
claim, any transfer of such claim is subject to FRBP 3001(e), any
applicable provisions of the Bankruptcy Code (11 U.S.C. ァ 101 et seq.),
and any applicable orders of the bankruptcy court.
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