Filing a Proof of Claim: Changes to Official Bankruptcy Form 10 | Practical Law

Filing a Proof of Claim: Changes to Official Bankruptcy Form 10 | Practical Law

The revised Official Bankruptcy Form 10 now requires creditors to attach copies of actual documents to their proof of claim that evidence the existence of their claim and the perfection of any security interest.

Filing a Proof of Claim: Changes to Official Bankruptcy Form 10

Practical Law Legal Update 9-516-8688 (Approx. 3 pages)

Filing a Proof of Claim: Changes to Official Bankruptcy Form 10

by PLC Finance and Practical Law Bankruptcy & Restructuring
Published on 15 Dec 2011USA (National/Federal)
The revised Official Bankruptcy Form 10 now requires creditors to attach copies of actual documents to their proof of claim that evidence the existence of their claim and the perfection of any security interest.
On December 1, 2011, a revised Official Bankruptcy Form 10 became effective. Form 10 now clarifies that all creditors must attach copies of the actual documents evidencing the existence of their claims to the proof of claim (such as a promissory note evidencing a lender's claim). Secured creditors must also attach evidence of perfection of the security interest securing their claim (such as a financing statement, mortgage or certificate of title). It is not clear what consequences secured creditors may face if they fail to provide these documents.
Form 10 was previously unclear on whether a summary of the documents was sufficient, so it was revised to be consistent with Federal Rules of Bankruptcy Procedure 3001(c) and 3001(d) to require copies of actual documents. Form 10 states that a creditor also has the option of including a summary in addition to the documents. If the documents are not available, Form 10 requires the creditor to explain why.