Texas Proof of Claim

State:
Texas
Control #:
TX-SD-B-410
Format:
PDF
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Description

Proof of Claim

Texas Proof of Claim is a written statement filed by a creditor to assert their right to payment from a debtor. It is used when a debtor files for bankruptcy and the creditor has a claim against the debtor. There are two types of Texas Proof of Claim: secured and unsecured. A secured claim is a claim that is backed by collateral, such as a mortgage or car loan. An unsecured claim is a claim that does not have collateral and is not backed by any property. Both types of Texas Proof of Claim must include information about the creditor, the debtor, and the amount of the claim. The creditor must also provide documentation to validate their claim.

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FAQ

A proof of claim form is the official bankruptcy form a creditor must file before getting paid in a bankruptcy case. The proof of claim form tells the bankruptcy trustee the type of claim the creditor asserts and how much the filer owes the creditor.

Form 410. Form 410 is the form used by creditors to file a proof of claim. In some cases, a bankruptcy judge may accept an informal proof of claim. This must be a written document filed with the bankruptcy court, and it must make a demand against the debtor's bankruptcy estate.

Providing Supporting Documentation A Proof of Claim must include any pertinent documentation, such as promissory notes, purchase orders, contracts, invoices, delivery receipts or security agreements. Other documentation might include monthly statements, pay records and ledgers.

A written statement filed in a bankruptcy case setting forth a creditor's claim is called a proof of claim. A proof of claim should include a copy of any documentation giving rise to the claim as well as any evidence in support of the claim, such as evidence of secured status if the claim is secured.

A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.

An objection to a proof of claim must be in writing and filed with the bankruptcy court. A copy of the objection and the notice of court hearing date must be mailed to the creditor, the trustee, and the debtor at least 30 days before the hearing.

Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card. Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c). Limit disclosing information that is entitled to privacy, such as health care information.

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Texas Proof of Claim