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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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Hi,It is about claimant on Chapter 7 Case No. 12-27488.I

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Hi, It is about claimant on Chapter 7 Case No. 12-27488. I need help about additional claim form.


My claim is as a forex customers: the trustee provided a claim form already, it is fine.  But my grief is beyond.


Basis for Additional Claim aside from the statement amount value:

is: my grievance and damage is beyond the equity statement value, which is derived from a passively closed Order by Court Order, taken on July 11th or July 16th.  Money Value beyond the equity to the statement balance before Court Order close date was thus gone.


And also the fact that: As our forex trade is actively doing on swing trade scenario,  the vanished money should not be totally written off from our account, assuming that they will totally lost. Rather, the fact is that most of these floating tickets are waiting to take profit. 


As there are plentiful of free deposit in my account to ensure all these floating tickets can ultimately take profit by waiting the trade to swing back,  time wait is the only element to take profit out. Usually swing will happen just a matter of hours,  days or weeks, When the trade swing back, profit taking can happen.


I feel grieved because of this Bankruptcy case and wish the grief can be somehow compensated.  


My understanding is that an the additional claim can serve this purpose.  If my understanding is correct.   can you help to draft a template form for this matter?

I am a bankruptcy attorney and I would be happy to assist you. You need to file out a separate claim form and file it with the Court for every claim you may have that is for a separate reason. If you need extras you may copy it, find one at the bankruptcy court website, or obtain a copy with the Clerk of the Court at the Bankruptcy Court hose address noted on the documentation you have received. You merely need to list what your claim is for, the type (secured, unsecured, priority, etc.), and you should also type us a description of why you are owed money and attach any receipts or documentation to the claim form that evidences what you are owed. Ex) a receipt. Additionally, I always recommend discussing your legal questions with a local attorney in your area. You need to file it all as one document with the Clerk of the Bankruptcy Court, either online. You will need to create a Pacer account at Instructions can be found there and it is quite simple.

If your claim is similar to a credit card, merely for money you loaned, it is most likely an unsecured claim. However, if it is money loaned for collateral (ex- a car or house), then it is called a secured claim. Claims that have priority are taxes, government debts, child support, etc. As a customer, you most likely do not have a priority claim, and it is general and unsecured. Of course only you will be able to decide this, based on what your proof of the debt owed is that is attached to your claim form.

I hope my answer has assisted you and that you will leave me a positive rating!
Customer: replied 4 years ago.


I would like to request more info on your rating since I noticed you gave you a negative rating then posted "Ooop!" I believe that you may have made a mistake. If you needed further information regarding my response you may let me know and then we can continue prior to you making a negative rating. Otherwise you could have offered to let me opt out so another expert may answer. I have never received a negative rating and if you have made a mistake, please contact customer service immediately and let them know. Thank you for your anticipated assistance.
I have not yet received a response based on my previous message. Is there anything that I may assist you with further?
Customer: replied 4 years ago.



My query was:


My understanding is that an the additional claim can serve this purpose. If my understanding is correct. can you help to draft a template form for this matter?

Can you help?

As I previously stated, yes you may submit a claim if you feel that you are owed money. There is no template of wording you must use other than the required form. You simply fill out that same form the trustee gave you. Claims forms can be used for all sorts of debts. Every court in the US uses the Claim form found on the Court website. You must fill it out appropriately. You need to fill out your name, address, phone number, how much you are owed, and the type of claim you are asserting. Simply state what you did above, that it is for a certain type of debt you believe you are owed. You can always call the clerk of the Court or the trustee to find out where the form is online, if you need another copy. I am not sure if you are in the North, Middle or Southern District of Florida, but if you google U.S. Bankruptcy Court of Florida you will get all the links to the information and forms. You must have a certain amount you believe you are owed. You can not just file a claim without a dollar amount. It also needs to be provable, with documentation.

It sounds like your claim is unsecured and non-priority, but with out looking at the documentation you plan to attach to the claim form, I am unable to assess that completely. You need to attach documentation to your claim, and file it as 1 document. As an experienced bankruptcy attorney for both creditors and debtors, if your claim is not deemed sufficient (lacking appropriate documentation attached), the attorney for the debtor may file a motion to dismiss your claim. Since you are pro see, you need to follow the rules on the website to draft an opposition, if you wish, and file it asap after you receive the motion. You can find the Court's Local Rules on the website which will tell you how long you have to file an Opposition. You should also attend the hearing so you can explain to the Court why your claim should be upheld. Many times the Judge will even then explain to you whether your claim is viable and merely needs to be amended.

Although it may not be the answer you are seeking, if you do not have a provable claim without sufficient supporting documentation you may not have a valid claim. Unknown potential future profits may not be a valid claim. You can file a claim if you believe it to be viable, but there a federal penalties for filing false claims. You may want to consult with the trustee or a Florida attorney prior to filing your claim.

I hope my answer has assisted you and that you will leave me a positive rating. If you need further assistance, please feel free to reply before leaving me a negative rating.

Customer: replied 4 years ago.



Thank your answer, it helps me indeed.


More information needed, if you can answer:


As My claim is a secure claim based on the statement before PFG case. And the statement was later updated due to the Court Order.


Order Order is needed because the liquidation must proceed. But consequence of this court order cause my statement to suffer a great

loss. ,All these damage came because of the debtor's fault.


Like many other clients, I am very greived about this result.


My question is: Based on above facts, can I claim my amount based on the Statement balance right before that court order?


Question two: Can I claim the interest from that day up to now? If yes,

What should be the interest rate that I calculate into the sum?



Please if you can help me.


Many thanks again.


Frankie Leong

If I understand you correctly, to simplify, you want to know whether you can add in the interest and whether your claim starts before or after the order. First, your claim is either pre-petition or post-petition. That means how much you were owed for your claim depends on how much you were owed the day before the debtor filed, or in the alternative how much you were owed after the debtor filed bankruptcy. You may state how much is pre-petition and how much is post-petition on the claim form. Thus, the essential date is the date the debtor filed bankruptcy.

You are only entitled to interest if you have a document that says you are, such as a contract signed by the debtor (ex- a mortgage). And the interest rate would only be that either stated in an order by the Court, local rules or the court in your jurisdiction or as stated on the document supporting the claim. So unless you were legally entitled to interest pursuant to evidence stating you were, you can generally not claim interest on a claim while the debtor is in bankruptcy.

As I hope my answer has assisted you, I would greatly appreciate if you would contact customer service to change my "poor service" rating to a positive one.
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