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TMcJD
TMcJD, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Attorney
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XXXXX XXXXXXX XXXXX, XXX is filing bankruptcy B/K Case No

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XXXXXX XXXXXXX XXXXX,XXX is filing bankruptcy B/K Case No XX--XX--XXXX--XX Chapter 7 US Bankruptcy Court District of South Carolina. I wish to file a Claim against them. located in Branson,MO. I need to know how to proceed with this. My Lawyer in my home town advised me to do this. Please advise: XXXXXXXX XXXXXXXXX XXXX XXXXXX XXX XXXX XXXXXXX, XX XXXXX.. Phone # XXXXX XXX XXXX. [email protected]

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Your Answer:

Here is the official bankruptcy form you will use to file your proof of claim:

http://www.scb.uscourts.gov/pdf/local_forms/poc/poc.pdf


Just complete the form with the court name, case number XXXXX other general case information.

Then complete the form with regard to the nature of your claim against the bankruptcy estate.

 

There are some additional forms to complete for this court if the debt owed to you is secured by a real property interest:

 

http://www.scb.uscourts.gov/local_forms.html


After you have the form completed, you can call the court clerk's office to determine how they would like you to file it (most likely by mailing the original to them for filing). Tell them you are pro se -- otherwise they would want you to use an electronic system for filing (but only attorneys licensed and admitted to that court can file documents electronically -- everyone else files by paper).

Here is an article from the American Bar Association about properly completing a proof of claim:

http://apps.americanbar.org/buslaw/committees/CL160000pub/newsletter/200702/anderson.pdf


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