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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I declared Ch 7 in CO, the debts have been discharged, and

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I declared Ch 7 in CO, the debts have been discharged, and I have some assets, a trial due for settlement, upon which the trustee has made a claim. Suffice it to say that the assets will be available in a year or two.
In the meantime I have a Proof of Claim form B10 (Official Form 10) sent to me by the trustee and I have some Q’s.
First of all, is this a mandatory form and will there be penalties to me if I do not file it?
Is this a standard issue post-discharge form or is it specific to my “assets” scenario?
2) The form names me under “name of creditor (the person or other entity to whom the debtor owes money or property)” so I infer that I am paying a sum of money to myself, is this correct?
3) I do not have the Court Claim Number, what is this and when is it assigned?
4) Then it says “name and address where payment should be sent if different from above” (my name and address), is this technical jargon explaining my paying the estate when settlement arrives?
5) Then, “check this box if you are aware that anyone else has filed a proof of claim relating to your proof of claim, attach copy of statement giving particulars.” (I have no such papers here, the trustee would be the only one to file a proof of claim, for the assets, if anyone.) Or is he exempt from this possibility given his title?
a) amount of claim as of date case filed:
then b) amount of claim is requested also in the next column:
Amount of Claim Entitled to Priority under 11 U.S.C §507(a)If any portion of your claim falls in one of the following categories…. What amount are they asking the value of the assets or the value of my debt, and if assets then does this or does it not include the trustees commission?
Amount entitled to priority: I don’t see where this pertains.
6) basis for claim: this would be a code from bankruptcy rules or something?
7) Secured claim : no liens means NA?
8) credits: do I have to write a number here?
9)Documents: these documents would pertain when?
Thank you I have a little tip and a great review for you.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

Hi JACustomer,

You should not have received a B10 form, which is only for creditors. The trustee or his assistant must have made a mistake. You should call the trustee's office to find out what, if any, form they wanted to send to you instead of the B10.

Customer: replied 4 years ago.
Thank you, XXXXX XXXXX relieved. One more question, I was required to forward some docs about discharge and the next meeting of the creditors to some undeliverable addresses of my creditors (typos in the zip codes). This B10 did come in one of the envelopes, I thought it was just more to fill out. Is it likely required that this B10 be forwarded to those undeliverables? thanks, XXXXX XXXXX online for the next 12 hours or so.
Expert:  cfortunato replied 4 years ago.

Yes - that explains it. When the Bankruptcy court has the wrong address for a creditor, and the correspondence is therefore returned, it gets sent to the debtor or the debtor's attorney.

If you do know the correct address, you should send the form to the correct address, and keep a record of the fact that you sent it.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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