Delaware Sample Letter for Amended Proof of Claim

State:
Multi-State
Control #:
US-0282LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Bankruptcy Court Address] [City, State, ZIP] Re: Amended Proof of Claim — Case No. [Case Number] [Debtor's Name] [Debtor's Address] [City, State, ZIP] Bankruptcy Court, I, [Your Name], am a creditor in the above-mentioned bankruptcy case, and I am writing to submit an Amended Proof of Claim. Please find attached the necessary documentation, supporting evidence, and amended proof of claim form appropriately completed and signed. I am amending my original proof of claim filed on [Date] to provide updated information and to ensure the accuracy of the claim. The amended proof of claim reflects changes in the following areas [list specific details related to the amendments, such as: 1. Correction of creditor's name, address, or contact information. 2. Updated amounts and supporting documentation for the claimed debt. 3. Inclusion of additional claims not previously disclosed. 4. Removal of previously claimed amounts that are no longer valid or applicable.] Enclosed with this letter, you will find the following documents: 1. Amended Proof of Claim Form [Form Official Form B10] 2. Detailed explanation of the amendments and justifications. 3. Supporting documentation [attach relevant invoices, contracts, or statements] 4. Any other relevant information. I apologize for any confusion caused by the need to submit an amended proof of claim, and assure you that these changes reflect accurate information related to my claim. Kindly acknowledge the receipt of this amended proof of claim via mail or email. Should there be any issues with this submission or should additional information be required, please contact me at the provided email address or phone number. Thank you for your attention to this matter. Yours sincerely, [Your Name]

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FAQ

A proof of claim is a written statement setting forth a creditor's claim. A proof of claim shall conform substantially to the appropriate Official Form. (b) Who May Execute. A proof of claim shall be executed by the creditor or the creditor's authorized agent except as provided in Rules 3004 and 3005.

The creditor's filing of a proof of claim constitutes prima facie evidence of the amount and validity of the claim. The burden then shifts to the debtor to object to the claim. The debtor must introduce evidence to rebut the claim's presumptive validity.

Basis for perfection: Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.)

A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.

The proof of claim form tells the bankruptcy trustee the type of claim the creditor asserts and how much the filer owes the creditor. The bankruptcy trustee needs this information to determine the amount to pay the creditor.

An objection to a proof of claim must be in writing and filed with the bankruptcy court. A copy of the objection and the notice of court hearing date must be mailed to the creditor, the trustee, and the debtor at least 30 days before the hearing.

The Official Form B410 (Proof of Claim) is automatically generated and allows the attachment of supporting documentation. The final claim form can be printed or saved electronically and assigns a claim number to the filing.

The addendum should set forth the pertinent background facts of the relationship between the debtor(s) and the creditor, and the manner in which the creditor believes that the claim arose.

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Delaware Sample Letter for Amended Proof of Claim