How do I file a Notice of Amendment pursuant to Local Rule 1009-1(b)?
When amending any schedule you must file a completed schedule, which will supersede the original schedule, and therefore should include both the original information and any additional information.
In addition, every amended schedule must be accompanied by a Notice of Amendment that is intended to summarize the changes being made (e.g. “amended to add creditors Verizon Wireless and Food City or change the amount/address for a creditor”). This Notice of Amendment should be filed as an attachment to the amended schedule.
If, however, you failed to attach the Notice of Amendment, you may file it utilizing the “Notice of Amendment” docket event, being sure to relate it back to the amended schedule previously filed.
Can I file an electronic proof of claim in any chapter case?
The Tennessee Eastern District Bankruptcy Court began accepting electronic claims in all cases, including Chapter 13 cases, effective July 1, 2008.
Do I need to attach the B10 claim form as an attachment?
No. The fillable form will create the B10 form. Any attachments should consist of supporting documentation to the Proof of Claim.
Is a signature required on the Proof of Claim?
Yes. Type the name and title, if any, of the person authorized to file the claim on behalf of the creditor. A copy of the power of attorney, if any, should be attached to the claim.
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 for this alternate address for payments.
Can I get a stamp-filed acknowledgment of the Proof of Claim?
Yes. The Court’s claim number will display with a link to the electronically file-stamped proof of claim upon submitting the proof of claim. The claim will be file stamped as of the entry date. It is recommended that the claim be printed or saved at this time.
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 which allows you, the filer, to select who is submitting the claim. The options are: Creditor; Creditor’s Attorney; Debtor; Debtor’s Attorney; or Trustee. If the attorney is the filer, you will be able to add the attorney 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.
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 less than 4 MB 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. Amendments cannot be faxed or mailed to the Trustee’s office unless specifically requested by the Trustee.
When will the claim appear on the claims register?
The claim will immediately appear on the claims register upon submitting the proof of claim.
Will the Trustee be served with the Proof of Claim?
Yes. The Trustee will receive notification of the claim filed. You do not need to file a separate paper claim with the Trustee’s office.