Registered: 1435857416 Posts: 991
Reply with quote
Originally Posted by
saxster Thanks for your concise explanation, JG. I know you've covered most of these points before. I only wanted some reassurance that nothing has changed, yet. You're doing a great job of keeping members of the forum on an even keel and all I can do is thank you. Thank You! You are welcome -- and thank you for asking. It can't hurt for me to revisit things, especially something of critical importance like the Proof of Claim form (which, if it turns out to be necessary, has to be filed to get payment).
Registered: 1438480498 Posts: 10
Reply with quote
I think JG's opinion (not advice) to wait to file a proof of claim is sound. So long as you file your proof of claim by the court's deadline, you will preserve your claim. At some point, the company will file its Scheduled and Statement of Financial Affairs. When those get filed, you're going to want to review them carefully to see, in the first instance, if you are listed. If you are, then you want to see which Schedule you're on. Chances are you will be listed on Schedule F (Creditors Holding Unsecured Nonpriority Claims) - which is the schedule where the lowest ranking creditors are listed (general unsecured creditors).
The next thing you will want to look at is whether any of the following three boxes are checked next to your name: Contingent, Unliquidated, Disputed (commonly referred to as "SEE-YOU-DEE"). I won't get into what those mean here (Google is your friend), but if the creditor sees that the schedule states an amount owing that differs from the amount the creditor claims is owing, or that the scheduled amount is CUD, the creditor should generally file a proof of claim.
I will second JG's remarks on filing sloppy claims - it just creates more work, which means more money to lawyers, less to creditor. As important, filing a sloppy proof of claim is a good way to have it objected to, which means you're spening more money out of pocket to defend against that objection. So, as a general matter, folks will be better served in the short run by focusing on gathering up and organizing their documents and records that support their proof of claim. Whether they file it themselves or hire an attorney to do it for them, you're going to be better off in the long run slowing down and getting your proverbial ducks in a row before filing the claim.