Effective January 9, 2014, all claims in bankruptcy cases may be filed electronically through the Court’s website. However, if the case is filed under Chapter 7, it is initially treated as a non-asset case until a trustee determines there are assets available for distribution. Therefore, creditors in Chapter 7 cases should not file a claim until they are notified to do so.
Types of Claim Actions Which Can Be Filed Electronically through the Court’s Website
The following claim actions may be filed through the on-line claims filing program:
- Proof of Claim for all chapters may be filed electronically. A login/password is not required.
-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.
- Amendments to claims
- Withdrawal of claims
The Court strongly encourages the e-filing of proofs of claims, amendments to claims and withdrawals of claims.
Penalty for filing fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 11 U.S.C. §§ 152 and 3571.
Claim Actions That Can Not Be Filed Electronically through the Court’s Website
- Assignments or transfers of claims may not be filed through the Court’s website.
- These actions may only be filed electronically through the Court’s ECF filing system which requires a login and password, or may be filed by mail or in person and must include the fee for transferring a claim.
Procedures for Electronically Filing a Proof of Claim:
1. When filing a proof of claim, a claimant shall comply with the requirements of Fed. R. Bankr. P. 3001(c) and (d) regarding the attachment of documentation in electronic format sufficient to establish the validity and status of the claim.
2. The electronic filing of a proof of claim with the Clerk of Court shall constitute the filing claimant’s approved signature by law and the provisions of 18 U.S.C. §152 shall apply to such filing.
3. The electronic filing of a proof of claim in accordance with the Clerk’s procedures shall constitute entry of the proof of claim in the claims register maintained by the Clerk pursuant to Fed. R. Bankr. P. 5003.
Links to File Proof of Claim, Amend Claim or Withdraw Claim
Resources for Filing Electronic Proofs of Claim