Why File a Proof of Claim?
To avoid your claim being deemed to be $0, you must file a timely Proof of Claim (download PDF form here).
What is a Proof of Claim
A Proof of Claim is a written statement filed by a creditor that notifies the bankruptcy court, the debtor, and other interested parties that a creditor wishes to assert its right to receive a distribution (payment).
When to File a Proof of Claim
There are deadlines for filing a Proof of Claim in a Bankruptcy case. These deadlines are called “Bar Dates.” Failure to file your Proof of Claim by the Bar Date may prohibit you from receiving payment on your claim.
As of December 14, 2017, the Bar Date to file a Proof of Claim in this case has not yet been set by the Court.
Creditors can still file Proofs of Claim even though a Bar Date has not yet been set.
However, if you are required to but do not file a Proof of Claim that is actually received by the Clerk of the Court by the Bar Date (once set), any Proof of Claim that you file after the Bar Date may be disallowed, deemed null and void, and forever barred, meaning that your claim will deemed $0 and you will not be eligible to receive any distribution (payment) on your claim.
How to File a Proof of Claim
There are two ways to file a Proof of Claim. The first way is to file an Interactive Proof of Claim and the second way is to file a Physical (paper) Proof of Claim.
Filing an Interactive Proof of Claim
- Go to the Eastern District of California Bankruptcy Court’s website at www.caeb.uscourts.gov.
- On the home page, select “To File a Proof of Claim” (which is under the heading titled “Information for Creditors”).
- Watch the training video titled “How to File an Electronic Proof of Claim” (located under the heading titled “Online Computer-based Training”).
- Once you’ve watched the training video, click on “File an Electronic Proof of Claim”:
- Here, you’ll be prompted to enter the case number, which is 17-13797, and insert your name.
- You will then be asked to select a creditor. Select your name. If your name is not listed select the option that says “Creditor Not Listed” and then enter your name and address.
- Fill out the various prompts including how much you are owed, what the basis of your claim is, etc. Make sure that you attach PDF copies of documentation substantiating your claim.
- Submit your Proof of Claim.
- Mail a copy of your completed Proof of Claim for (including attachments) to the attorneys for the Debtor at the following address:
Walter Wilhelm Law Group
Riley C. Walter
205 River Park Circle, Ste. 410
Fresno, CA 93720