Section 2.27 Proofs of Claim

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

2. (§2.27) Proofs of Claim

Proofs of claim are governed by 11 U.S.C. § 501 and Federal Rule of Bankruptcy Procedure 3001. The filing of a proof of claim is essential to a creditor’s right to receive distributions under the debtor’s plan of reorganization, liquidation, or debt adjustment unless, in Chapter 9 or 11, the creditor’s claim is listed in the debtor’s schedules as other than contingent, disputed, or unliquidated. See Fed. R. Bankr. P. 3003(c). The introduction of electronic case filing has changed the procedures for filing and serving documents that support the proof of claim. With respect to filing, documents supporting the proof of claim and evidence
of the validity and perfection of the claim or the amounts
owing by the debtor are no longer filed with the claim. E.D.Mo.L.B.R. 3001-1(A); W.D.Mo.L.B.R. 3001-1. Instead, supporting documents are identified on an exhibit summary filed with the proof of claim. Id.

With respect to service, the Local Rules for the United States Bankruptcy Court for the Eastern District of Missouri, require that a copy of the proof of claim be served immediately on the debtor, the debtor’s counsel, and the trustee, if any. Further, a copy of the proof of claim and a complete copy of all exhibits supporting the claim must...