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The Utah B10 form, also known as the Proof of Claim, is a crucial document in the bankruptcy process within the District of Utah. This form allows creditors to formally assert their claims against a debtor's estate, ensuring that they have the opportunity to receive payment for debts owed. It is important to note that this form should not be used for claims related to administrative expenses incurred after the bankruptcy case has begun; such requests must follow a different procedure under the law. The B10 form requires the creditor to provide essential information, including the name of the debtor, the case number, and the total amount of the claim at the time the bankruptcy was filed. Additionally, creditors must indicate the basis for their claim, whether it involves goods sold, services performed, or other categories such as personal injury or taxes. The form also includes sections for identifying secured and unsecured priority claims, allowing creditors to specify if their claim is backed by collateral. Supporting documentation, such as invoices or contracts, must accompany the form to substantiate the claim. This form plays a vital role in the bankruptcy proceedings, helping to organize and prioritize the distribution of the debtor’s assets to creditors.

File Information

Fact Name Fact Description
Form Title The B10 form is officially known as the "Proof of Claim" form used in bankruptcy proceedings in the District of Utah.
Governing Law This form is governed by the United States Bankruptcy Code, particularly 11 U.S.C. § 101 et seq.
Filing Purpose The B10 form allows creditors to formally assert their claims against a debtor's bankruptcy estate.
Administrative Expenses This form cannot be used to claim administrative expenses incurred after the case has started; such claims must follow 11 U.S.C. §503.
Creditor Information Creditors must provide their name and address, as well as any account number used to identify the debtor.
Claim Types The form allows for various types of claims, including secured, unsecured, and priority claims.
Supporting Documents Creditors are required to attach supporting documents, such as invoices or contracts, to substantiate their claims.
Filing Location The completed form must be mailed or filed at the U.S. Bankruptcy Court located at 350 South Main Street, Salt Lake City, UT 84101.
Penalties for Fraud Submitting a fraudulent claim can result in serious penalties, including fines of up to $500,000 or imprisonment for up to 5 years.
Updates and Amendments Creditors can indicate if the claim replaces or amends a previous claim by checking the appropriate box on the form.

Documents used along the form

When filing a Proof of Claim using the Utah B10 form, several other documents may be required or helpful in supporting the claim. These documents provide additional information and context that can assist the court in processing the claim effectively. Below is a list of commonly used forms and documents in conjunction with the Utah B10 form.

  • Proof of Service: This document confirms that the Proof of Claim has been properly served to all relevant parties. It includes details about who received the claim and when, ensuring compliance with legal notification requirements.
  • Statement of Financial Affairs: This form provides a comprehensive overview of the debtor's financial situation, including income, expenses, and assets. It helps the court understand the overall financial picture and the context of the claim.
  • Schedule of Assets and Liabilities: This document lists all assets and liabilities of the debtor. It is crucial for determining the debtor's financial status and can provide insights into the validity of the claim.
  • Claim Objection Form: If a creditor disputes the claim, this form is used to formally object to it. It outlines the reasons for the objection and is important for maintaining transparency in the claims process.
  • Supporting Documentation: This may include invoices, contracts, or promissory notes that substantiate the claim. Providing clear evidence can significantly strengthen the claim's legitimacy.
  • Notice to Quit: This form is essential for landlords, particularly in Missouri, as it serves to inform tenants of the need to vacate the property. Understanding this form is crucial, and for more information, you can refer to the Missouri PDF Forms.
  • Notice of Bankruptcy Filing: This document serves to inform creditors of the bankruptcy case and provides essential details about the case number and filing date. It ensures that all parties are aware of the proceedings.

Gathering these documents can facilitate a smoother claims process and help ensure that all necessary information is available for the court's review. Each document plays a vital role in presenting a clear and comprehensive picture of the claim being made.

Common mistakes

Filling out the Utah B10 form can be a daunting task, especially for those unfamiliar with the bankruptcy process. Mistakes can lead to delays or even denial of claims. Here are nine common errors to avoid when completing this important document.

One frequent mistake is failing to provide accurate information about the debtor. It’s crucial to ensure that the name of the debtor and the case number are correct. A simple typo could result in your claim being misfiled or overlooked entirely. Double-checking these details before submission can save you a lot of headaches later on.

Another common error involves the creditor's name and address. If these details differ from what is on the envelope sent by the bankruptcy court, it is essential to check the appropriate box. Neglecting this step can lead to missed communications regarding your claim.

Many people also forget to include supporting documents. The form requires you to attach copies of relevant documents such as promissory notes or invoices. Failing to provide these can weaken your claim. Remember, the court needs evidence to substantiate your request.

Another mistake is not indicating whether the claim is secured or unsecured. If your claim includes collateral, you must check the appropriate box and provide a brief description. This distinction is vital, as it affects how your claim will be treated in the bankruptcy process.

When it comes to the amount of the claim, be cautious. Some individuals miscalculate the total amount of their claim at the time the case was filed. This figure must be accurate, as it determines the priority of your claim. If you include interest or additional charges, remember to attach an itemized statement to support this.

People often overlook the significance of the date the debt was incurred and the date of any court judgment. These dates are critical to establishing the timeline of the claim. Missing this information can lead to confusion and potential rejection of your claim.

Another common pitfall is failing to credit previous payments. Ensure that you have accounted for all payments made on the claim. This step is necessary to provide a clear picture of what is owed and to avoid overestimating your claim amount.

Some claimants do not specify the priority of their claim. If you believe your claim qualifies for priority treatment, it’s essential to indicate this clearly and specify the applicable paragraph of the law. This can significantly impact how your claim is handled in the bankruptcy proceedings.

Lastly, many individuals submit the form without signing it. This may seem trivial, but an unsigned form is typically considered invalid. Always ensure that you sign and print your name, along with your title if applicable, before submitting the form.

By being aware of these common mistakes and taking the time to review your B10 form carefully, you can increase the likelihood of a successful claim. Attention to detail is key in navigating the complexities of bankruptcy filings.

Document Preview Example

B10 (Official Form 10) (4/98)

United States Bankruptcy Court District of Utah

 

 

 

Proof of Claim

 

 

 

 

 

 

 

 

 

 

Name of Debtor

 

 

Case Number

 

 

 

 

 

 

 

 

 

Note: This form should not be used to make a claim for an administrative expense arising after the commencement of the case. A

 

"request" of payment of an administrative expense may be filed pursuant to 11 U.S.C. §503.

 

 

Name of Creditor (the person or other entity to whom the

 

Check box if you are aware that anyone else has filed a

 

debtor owes money or property):

 

 

proof of claim relating to your claim. Attach copy of

 

 

 

 

 

 

 

 

statement giving particulars.

 

 

 

 

 

 

 

 

 

Check box if you have never received any notices from

 

 

 

 

 

 

 

the bankruptcy court in this case.

 

 

Name and Address Where Notices Should Be Sent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Check box if the address differs from the address on the

 

 

 

 

 

 

 

 

envelope sent to you by the bankruptcy court.

 

 

 

 

 

 

 

 

Account or other number by which creditor identifies debtor:

Check here if this claim

replaces or

amends a previous claim,

 

 

 

 

 

 

 

 

 

 

THIS SPACE IS FOR

1.

Basis for Claim

 

 

 

 

 

 

 

 

COURT USE ONLY

 

 

 

 

 

 

 

 

 

 

Goods Sold

 

Retiree Benefits as defined in 11 U.S.C. §1114(a)

 

 

Services Performed

 

Wages, Salaried, and compensations (Fill out below)

 

 

Money loaned

 

 

 

Your Social Security Number _______________________

 

Personal Injury/Wrongful Death

 

Unpaid compensation for services performed

 

 

Taxes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

from ____________________ to ____________________

 

 

 

 

 

 

 

 

2. Date Debt Was Incurred:

 

 

3. If court judgement, date obtained:

 

 

 

 

 

 

 

 

 

 

4. Total Amount of Claim at Time Case Filed:

$ ____________________

 

 

 

 

 

If all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below.

 

 

 

Check this box is claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all interest or

 

 

 

 

 

 

 

 

 

 

5.

Secured

Claim

 

 

 

 

6.

Unsecured Priority Claim

 

 

Check this box if your claim is secured by collateral (include a right of

 

 

Check this box if you have an unsecured priority claim.

 

setoff).

 

 

 

 

 

 

Amount entitled to priority $ ____________________

 

Brief Description of Collateral:

 

 

 

 

Specify the priority of the claim:

 

 

Real Estate

Motor Vehicle

 

 

 

 

 

Wages, Salaries, or commissions (up to $4,300)*, earned within 90

 

Other:

 

 

 

 

 

 

days before filing of the bankruptcy petition or cessation of the debtor's

 

_____________________________________________________

 

 

business, whichever is earlier. - 11 U.S.C. §507(a)(3)

 

 

 

 

 

 

 

 

 

 

Contributions to an employee benefit plan - 11 U.S.C. §507(a)(4)

 

Value of collateral: $______________________

 

 

 

 

 

Up to $1,950* of deposits toward purchase, lease, or rental of property

 

 

 

 

 

 

 

 

 

 

or services for personal, family, or household use - 11 U.S.C. §507 (a)(6)

 

Amount of arrearage and other charges at time case filed included in

 

 

Taxes or penalties of governmental units - 11 U.S.C. § 507(a)(7)

 

secured claim above, if any:

 

 

 

 

 

Other - Specify applicable paragraph of 11 U.S.C. §§507(a)(_____)

 

 

 

 

 

7.

Credits: The amount of all payments on this claim has been credited and deducted for the purpose of making this proof of

THIS SPACE IS FOR

 

claim.

 

 

 

 

 

 

 

 

 

COURT USE ONLY

8.

Supporting Documents: Attach copies of supporting documents , such as promissory notes, purchase orders, invoices,

Please mail or file this form to:

 

itemized statements of running accounts, contracts, court judgments, mortgages, security interests, and evidence of

U. S. BANKRUPTCY COURT

 

perfection of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the documents are voluminous, attach a summary.

350 SOUTH MAIN STREET

 

 

 

 

 

 

 

 

 

 

 

 

SALT LAKE CITY, UT 84101

 

 

 

 

 

Date

 

 

Sign and print name and title, if any, of the creditor or other person authorized to file this

 

 

 

 

 

claim (attach copy of power of attorney, if any)

 

 

 

 

 

 

 

 

 

Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both 18 U.S.C. §§152 and 3571

 

 

 

 

 

 

 

 

 

 

 

 

 

B10 (Official Form 10) (9/97)

Similar forms

  • Proof of Claim (Official Form 10): This form is used in bankruptcy cases to assert a claim against the debtor's estate. Similar to the Utah B10, it requires details about the creditor and the nature of the claim.
  • Proof of Claim for Administrative Expenses: This document is specifically for claims arising after the bankruptcy case has begun. While the B10 is for pre-petition claims, this form addresses post-petition administrative expenses.
  • Notice of Claim: This document informs the court and other parties of a creditor's claim. Like the B10, it ensures that the creditor's interests are recognized in the bankruptcy proceedings.
  • Claim Objection Form: Used to contest the validity of a claim filed in bankruptcy, this form serves a different purpose but shares the goal of protecting creditor rights, similar to the B10.
  • North Carolina Homeschool Letter of Intent: This essential form must be submitted to notify the state of a family's decision to homeschool, ensuring compliance with regulations, and can be accessed at homeschoolintent.com/editable-north-carolina-homeschool-letter-of-intent/.
  • Creditor Matrix: This is a list of all creditors in a bankruptcy case. While it does not serve the same function as the B10, it is essential for notifying creditors, which the B10 also facilitates.
  • Discharge of Debtor: This document signifies the end of the bankruptcy process for the debtor. It relates to the B10 by determining which claims are discharged and which remain valid.
  • Reaffirmation Agreement: This agreement allows a debtor to keep certain secured debts post-bankruptcy. It complements the B10 by addressing how specific claims will be treated after the bankruptcy case.
  • Plan of Reorganization: In Chapter 11 cases, this document outlines how debts will be repaid. It relates to the B10 by detailing how claims will be handled moving forward.
  • Statement of Financial Affairs: This document provides a comprehensive overview of the debtor's financial situation. It supports the B10 by offering context for the claims being filed.

Key takeaways

When filling out the Utah B10 form, it is essential to understand its purpose and requirements. Here are key takeaways to guide you through the process:

  • Purpose of the Form: The Utah B10 form is used to file a proof of claim in bankruptcy cases. It allows creditors to assert their rights to payment from the debtor's estate.
  • Eligibility: This form should not be used for claims related to administrative expenses incurred after the bankruptcy case has begun.
  • Creditor Information: Clearly provide the name of the creditor and their contact details. This ensures that all communications are directed to the right person or entity.
  • Claim Basis: Indicate the basis for the claim, such as goods sold, services performed, or loans made. This helps establish the legitimacy of the claim.
  • Amount of Claim: Specify the total amount owed at the time the case was filed. If there are additional charges like interest, include those as well.
  • Supporting Documents: Attach necessary documentation, such as invoices or contracts, to substantiate the claim. Avoid sending original documents; copies are sufficient.
  • Priority Claims: If your claim is secured or has priority status, make sure to complete the relevant sections. This may affect how your claim is treated in the bankruptcy process.
  • Signature Requirement: The form must be signed by the creditor or an authorized representative. This signature certifies the accuracy of the information provided.

Understanding these points will help ensure that your claim is filed correctly and efficiently, maximizing your chances of recovery in the bankruptcy process.