GENERAL

INFO.

 

When a Proof of Claim is filed in CM/ECF, the claim must be attached to a creditor record of the claimant.  The filer must first locate the creditor record by searching the creditor records table of the case and then attaching the Proof of Claim information. 

 

If a creditor is filing its own claim, usually the creditor record will already exist in the creditor database for the case.  When an attorney is filing a “Proof of Claim” on behalf of a client, the correct creditor record will usually not exist.  See further explanation below.

 

If a creditor record with a matching name and address does not exist, a new creditor record can be added during the claim entry process.

 

 

 

WHAT IS

IN THE

CREDITOR

RECORDS

TABLE

FOR A

CASE?

 

The “Creditor Record” table for a case contains the names and addresses of all the creditors listed in the schedules of that debtor(s) bankruptcy petition.

 

The information is added to the table by uploading the bankruptcy case or by uploading the creditor matrix immediately after case opening.  See separate instructions for “Uploading a Creditor Matrix”.

 

So, for example, if “Sears” was listed on the matrix of 5,000 active bankruptcy cases, “Sears” will be in the creditor record tables 5,000 times (even if the name and address is identical for each bankruptcy).  This is because the court has a legal obligation to notify every creditor that the debtor lists in their schedules (exactly as they are listed in the schedules) of the bankruptcy filing.

 

Court personnel may also add new names and addresses later during the case as a result of an “Amendment to Schedules” being filed.  A new name and address may also need to be added as a result of a “Proof of Claim” being filed by a creditor (or an attorney representing a creditor) who was not listed on the original creditor matrix.  Finally, court personnel may add new creditor names and addresses after a conversion.

 

 

 

WHAT IS

THE CASE’S

CREDITOR

RECORDS

TABLE USED FOR?

 

The names and addresses are used for any traditional “paper notice” mailings. 

 

Examples of the types of notices that will still be mailed in paper format include, but are not limited to: a “Notice of Bankruptcy Case, 341 Meeting, and Deadlines”, a “Notice of Dismissal”, and an “Order of Discharge”.

 

Claim information is also linked to the names and addresses in the case’s creditor records table when a “Proof of Claim” is filed. 

 

 

 

WHAT IS THE

FORMAT OF THE

NAMES AND ADDRESSES

OF CREDITORS IN THE

CREDITOR

RECORDS

TABLE?

 

Since these names and addresses are used for traditional mailings, an effort is made to have these names and addresses comply with U.S. Postal Service guidelines.  Many of the guidelines for creating a mailing matrix are the result of complying with U.S. Postal Service guidelines.  This includes having names and addresses in all capital letters, eliminating commas and some other punctuation, having PO Box information on the line above the city, state and zip, and keeping the city, state and zip code all together on the last line.

 

Although we do have guidelines for preparing the matrix, the reality is that the format can be erratic because sometimes a pro se debtor or others do not follow the mailing matrix guidelines.

 

The EDKY does run a program each night to change the name and address information into all capital letters if it isn’t already in all caps.

 

 

 

HOW SHOULD I

SEARCH FOR A

CLIENT/

CREDITOR

WHEN

FILING A

PROOF OF

CLAIM?

 

In general, follow the “Creditor Records Table Search Tips” shown below. 

 

However, it is unlikely that the debtor(s) would have known that you represent the creditor.  So, most of the time, it will be necessary for you to add the creditor c/o your name and address to the table before you can attach the “Proof of Claim” information.

 

 

 

CREDITOR

RECORDS

TABLE

SEARCH

TIPS

 

Searching is case sensitive.  So a creditor with the last name of “Smith” must be searched for as “Smith”, not as “smith”.  Since names are capitalized overnight, it is also a good idea to search with all caps as well, if you do not find the creditor during your first search.

 

Include punctuation such as the apostrophe in “O’Brien” or the dash in “Hanna-Barbera” for searching purposes when searching the creditor database because punctuation was probably used on the matrix that was uploaded.

 

Partial names can be entered, but at least two characters should be entered.

 

Significant words will work when searching the creditor records table of a case.  For example, “Radio” would find “Radio Shack” and “Northwest Radiology”.  This is one of the main area where searching for creditor records in a case differs from searching for party filers.

 

The following wildcards may be used, but are not required.

 

A question mark (?) represents a wild card for one character only.

 

An asterisk (*) is a wild card for any number (or none) of characters.

 

Wild cards (*) (?) are not needed at the end of a search string.   Ex: Harve would find Harvey, Harver, Harvester, etc. 

 

Wild cards may be used before or within search strings  (*son) (Gr?y).  Ex:  Johns*n would find Johnston, Johnson, and Johnsen, but would not find Johns or Johannsen.   While  *Johns*  would also find “The Johnson Company”.   Ex:  Gr?y would find Gray and Grey, but Gr*y would find Gray, Grey, and Gregory, etc.

 

In a small case, it is okay to search the creditor records for a case without entering any search criteria because you are only searching for records in the current case, so it will not slow down the entire system.  This is the other main area where searching for creditor records in a case differs from searching for party filers.

 

NOTE:  Since searching can be tricky, try several alternative searches before you decide that the party is not in the creditor records table.

 

 

 

HELP SCREENS

 

Help is available for most screens by clicking on the  button.  The help box will display describing the fields and what entry is required for the window you are currently viewing.

 

 

Click on the  button at the upper right hand corner of the screen or the  button to close the help screen.

 

 

 

STEP 1

 

Log in to the CM/ECF System using your ECF Login and Password if you aren’t already logged in.

 

NOTE:  After logging in, if you click on Netscape Navigator’s  (resize) button accidentally instead of clicking the minimize  button, or if you drag the sides to resize the Netscape window, there is a Netscape Navigator bug which will throw you out of your CM/ECF session and you will lose all the information that you have entered up to that point.  So, resize the window before you login!

 

 

 

STEP 2

 

Click on “Bankruptcy” in the blue menu bar at the top of the screen.

                                   

 

 

 

 

STEP 3

 

Click on the  hyperlink in the categories list.

 

 

 

STEP 4

 

The “Creditor Search” screen will display next. It may contain the case number of the last case you have been using during the current login session.

 

 

Change the case number if necessary.  If you need to change the case number, enter the correct case number as yy-nnnnn (including the hyphen).

 

NOTE:  If you changed the case number and entered it incorrectly, the system will display the following message regarding the case number format. 

 

 

Click the  button or the  button and try entering the case number again.

 

For training purposes, enter the Chapter 13 case number if it isn’t already displayed.

 

 

 

STEP 5

 

Since our training case is not a huge Chapter 11 case, leave the “Name of Creditor” field blank as shown below.

 

 

NOTE:  This will provide you with a drop down list of all the creditors so that you won’t miss finding a creditor because of difficulties with searching.  With a huge Chapter 11 with hundreds of creditors, it would be better to enter some search criteria instead.

 

 

 

STEP 6

 

Leave the “Type of Creditor” at the default of “Creditor.

 

NOTE:  When a matrix is uploaded, creditors are added as the “Creditor” type.  If you are searching for a creditor, the creditor type must match the type assigned to the creditor that you are searching for or you will not find a match.  So, if a creditor has been added to the creditor database and given the creditor type of “Administrative”, a search would not find the creditor unless the “Type of Creditor” was changed to match “Administrative”.

 

 

 

STEP 7

 

Click the  button.

 

 

 

SELECT A CREDITOR FOR CLAIM SCREEN

 

The “Select a Creditor for Claim” screen will then display any creditor(s) who match the search criteria.  In our training case, all the creditors in the case with the creditor type “creditor” will display.

 

 

Click the  arrow next to the creditor displayed to see all the creditors along with their addresses. 

 

 

 

 

SEARCH RESULTS

WHEN CLIENT/ CREDITOR IS NOT IN THE CREDITOR RECORDS

 

If you perform a search for a specific creditor who was not listed is not in the creditor records for the case (and no other similar creditors are in the creditor records), the “Select a Creditor for Claim” screen will look like the screen below.

 

 

NOTE:  The box that would normally contain creditor names and addresses is small and empty.

 

In this situation, either use your browser’s  button to go back and enter different search criteria or follow the steps below to add a creditor (if you are sure they aren’t in the case).

 

 

 

STEP 8

 

Since most attorneys who file claims on behalf of a client fill out the “Proof of Claim” form with the attorney’s name and law firm as the place to send notices, usually you will not be able to find the client’s name c/o yourself and your address.  Remember, when the debtor’s attorney created the mailing matrix, they did not know which creditors would hire attorneys or whom they would hire to represent them.

 

Click the  hyperlink to add your client c/o yourself.

 

 

 

STEP 9

 

This will take you directly to “Creditor Processing” and the same case number will already be inserted in the case number field.

 

 

Click the  button.

 

 

 

ADD CREDITOR SCREEN

 

The “Add Creditor(s)” screen will now appear.

 

 

Do not worry about the message (shown below) stating that the case already contains creditors.

 

 

This message does not prevent you from adding the creditor you need to add.

 

 

 

STEP 10

 

Fill out the fields following postal regulations as shown below.

 

 

Use capital letters.  Leave out commas and periods.  If there is a PO box, insert the PO box information on the line right before the city, state and zip code.  Insert the city, state and zip code all together on the last line with no commas.

 

NOTE:  In this area of CM/ECF, there aren’t separate fields for the city, state, and zip code.

 

 

 

STEP 11

 

At the bottom of the screen, use your mouse to click the circle next to “Last Entry” to insert a mark in that circle instead of “Continue to Enter” which is the default.

 

 

NOTE:  If you forget to change this setting, the creditor name and address field will appear to blank out. 

 

If this happens, just click on your browser’s  button and click next to “Last Entry” to fix it.  Then continue the steps below.

 

 

 

STEP 12

 

Click the  button.

 

 

 

STEP 13

 

The following “Add Creditor(s)” screen will now display.

 

 

Click the  button to complete adding the creditor.

 

 

 

STEP 14

 

A “Creditors Receipt” will now appear.

 

 

Click the  hyperlink to return to filing your Proof of Claim.

 

 

 

STEP 15

 

You will be returned once again to the “Search for Creditor” screen in the “Proof of Claim” filing section.

 

 

This time, you may wish to enter a few letters, as shown in the example above,  to narrow down the selection to the creditor you just added.

 

 

 

STEP 16

 

Click the  button.

 

 

 

STEP 17

 

The search should find only your client this time.

 

 

As long as only your client appears in the list, click the  button.

 

 

 

PROOF OF

CLAIM

INFO.

SCREEN

 

The “Proof of Claim Information” screen now displays.

 

 

NOTE:  This screen is NOT a substitute for the “Proof of Claim” form.  You will still need to prepare a “Proof of Claim” form and place it on top of all your supporting evidence and convert all the pages into one .pdf  document (unless it is more than 50 pages).   The information entered into these fields allows the computer to create a “Claims Register” when requested.

 

 

 

CLAIM

FIELD

EXPLANA-

TIONS

 

Claim field explanations:

 

  • If filing an Amended Proof of Claim, determine the Claim Number of the earlier claim, and enter that number in the “Amend Claim #” field.

 

  • Duplicates Claim #  (shouldn’t require an entry because there should not normally be a need for an exact duplicate claim to be filed)

 

  • The “Filed By” field defaults to “Creditor”.   Even though “attorney” is one of the choices, as long as you are filing the “Proof of Claim” on behalf of a client, leave the default as “Creditor”.

 

  • The “Late” and “Status” fields are not intended for attorney use.

 

  • Do not enter the “$” sign or commas in the dollar amount fields.  Values will default to whole dollar amounts unless you insert a decimal and cents.  Decimals are accepted, but not required when the amount is a whole dollar amount.

 

  • The “Total” amount field(s) will provide an aggregate total of the values in the “Unsecured”, “Secured”, “Priority” and “Unknown” fields automatically.

 

  • The “Description” and “Remarks” fields will appear on the Claims Register.  Both fields hold a lot of typing, but only 60 characters will display on the Claims Register so don’t enter more than the field will display.  There is no difference between description and remarks in EDKY.  They are both used for adding additional information about the debt owed.

 

 

 

STEP 18

 

For training, complete the “Proof of Claim Information” screen as shown below.

 

 

 

 

STEP 19

 

Click the  button.

 

 

 

STEP 20

 

You then have an opportunity to browse for and select the .pdf image of the “Proof of Claim”.

 

 

Follow the separate instructions for “Browsing For and Selecting the Correct .pdf Document” to find, open, review, and select the “Proof of Claim” .pdf image.

 

For the training case, the .pdf documents will be on the local “c:/” drive.

 

NOTE:  At your law firm, the .pdf documents may be stored on a network drive or on the “c:/” drive of a staff member’s computer.

 

NOTE:  In the Bankruptcy Court for the Eastern District of Kentucky, the decision has been made not to add items such as contracts, invoices, or other supporting documents as attachments, but to have the filer scan them along with the Proof of Claim itself, so that the claim along with any supporting evidence (up to 50 pages) is just one .pdf document.

 

 

 

.PDF WARNING MESSAGE

 

If you click on the  button to advance without attaching a .pdf document, a “Warning Message” will be displayed.

 

 

Click the  button to close the message.

 

You will then, once again, have the opportunity to browse to select the .pdf image of the document.

 

 

 

ATTACH- MENTS

 

The legal mind thinks of an attachment as any supporting document(s) stapled or attached to the back of the main pleading.  These types of legal attachments will be referred to in this documentation as “supporting documentation”.

 

In the USBC EDKY, the “attachment” feature is used in only two situations:   (1) when the main pleading, plus any supporting documentation is more than 50 pages in length, and (2) for attaching proposed orders.

 

The “Proof of Claim” and its supporting documentation in this training case is less than 50 pages, so leave the attachment setting at “No”.

 

 

 

 

NO ATTENTION MESSAGE

 

Unlike other CM/ECF screens, there is no red “Attention” message on this screen to let you know that by clicking the  button, you are sending the bankruptcy case to the court.

 

 

 

NOTICE

OF

ELEC-

TRONIC

CLAIMS

FILING

 

 

The “Notice of Electronic Claims Filing” will now display.  See the separate instructions regarding “Notices of Electronic Filing” for more information regarding the notices that are generated after filing “Proofs of Claim”.