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Proof of Claim and Release means the form to be sent to Class Members, upon further order(s) of the Court, by which any Class Member may make a claim against the Net Settlement Fund.
A proof of claim is a document filed by a creditor in a bankruptcy case in which the creditor sets forth the amount of his / her / its claim, and the basis for the claim. A notice of withdrawal of the proof of claim merely notifies everyone that the proof of claim has been withdrawn, for whatever reason.
Most Chapter 7 bankruptcies don't require them to file proofs of claim because the creditors often receive nothing from the bankruptcy estate. In Chapter 13, though, they want to receive payments from the repayment plan, so they have an incentive to file, for if they don't, they get nothing.
A withdrawal of claim is typically filed only when the claim was filed in error. If you file a withdrawal of claim in a case where you have received distributions from the trustee, the trustee will request that you return the distributions received. Test Filing for Attorney for Creditor or Other Party.
A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
Proofs of claim in all cases and chapters can now be filed electronically without a login/password through the Court's website. ePOC will automatically prepare the official Bankruptcy Proof of Claim (410) form based upon the information entered into the program.
The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.
The addendum should set forth the pertinent background facts of the relationship between the debtor(s) and the creditor, and the manner in which the creditor believes that the claim arose.