Michie's Legal Resources



		(a) Filing.- Any person who wishes to make a claim against the estate of a debtor shall file a verified proof of claim with the clerk. The proof of claim shall be filed within 120 days after the date the Notice to Creditors is issued by the clerk.

    (b) Form.- A proof of claim shall be in substantially the following form with supporting documentation attached as indicated:

[CAPTION]

CLAIM AGAINST DEBTOR

BY ____________________________________

                 Name of Claimant

    The claimant certifies that the debtor owes the claimant the sum of
$________.

    The consideration or basis for the debt is ____________________________ .

    The debt is:


[ ] an unsecured claim in the amount of $________ (attach statement of
account, invoices, promissory notes, or other evidence of claim); or


[ ] a secured claim in the amount of $________ (attach evidence of
perfection of security interest).

    The undersigned certifies, in accordance with the verification below,
that the debtor is indebted to the claimant in the amount shown, that there
is no security for the debt other than that stated above or in an attachment
to this claim form, that no unmatured interest is included, and that the
undersigned is authorized to make this claim.


[ ] I solemnly affirm under the penalties of perjury and upon personal
knowledge that the contents of the foregoing claim are true; or


[ ] I solemnly affirm under the penalties of perjury that I am employed by

the claimant firm as ______________________________________________________ ;

                        (insert title)

that the claimant keeps regular books of account; that the keeping of these
books is in my charge or under my supervision; that the entries in these
books were made in the regular course of business; and that the entries show
the facts set forth in this claim.

______________________________                   _____________________________

Name of Claimant                   Signature of claimant or

                   person authorized to make

                   verifications on behalf of

                   claimant

______________________________                   _____________________________

Name and Title of Person                   Address

    Signing Claim


_____________________________________________________________________________

______________________________                   _____________________________

Date                   Telephone Number

Instructions :

    If the claim is based upon an obligation owed jointly to two or more persons, any one of the joint creditors may verify the claim. If the claimant is a corporation, association, or partnership, any officer, partner, or authorized agent may verify the claim. If the original and all copies of a written instrument securing a claim are lost or destroyed, the claimant must attach a statement explaining the circumstances of the loss or destruction.



		(c) Late filed claims.-



		(1) Before reference to auditor.- A proof of claim that is filed late but before any reference to an auditor for the stating of an account is entitled to the same consideration for distribution as a timely filed proof of claim.



		(2) After reference to auditor.- A person who files a proof of claim after reference to an auditor is not entitled to participate in the next distribution unless the court on application of the claimant and for good cause shown orders otherwise. If the court permits participation, it may order the claimant to pay the cost of restating the account if the auditor must do so in whole or in part to include the claim. A proof of claim filed too late to be included in one or more auditor's accounts, if allowed, shall be included in any subsequent account, and the claimant is entitled to receive a distribution on the same basis as those already received by other creditors on prior accounts. The distribution shall be made before those creditors receive any further distribution. Thereafter, the claimant shall share with them in any future distributions.