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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.
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.
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 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 A notice of withdrawal of the proof of claim merely notifies everyone that the proof of claim has been withdrawn, for whatever reason.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.
Basis for perfection: Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.)
If a secured creditor fails to file proof of claim, then you will not make any payments toward what you owe on your house or car during your repayment plan. At the end of the bankruptcy process, to keep the collateral, you will still owe the full amount of these secured debts. Plus, you may owe interest and other fees.
Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements.