Identify who may file a proof of claim from the papers in the file
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the creditor the documents name, the amount they state, and any codebtor, guarantor, debtor, or trustee also named. Do not prepare the proof and do not name a form.
- What the lawyer must review
- You choose the filer and you prepare the proof. Section 501(a) says a creditor or an indenture trustee may file a proof of claim, and an equity security holder may file a proof of interest. Section 501(b) says that if a creditor does not timely file, an entity that is liable to that creditor with the debtor, or that has secured that creditor, may file a proof of the claim. Section 501(c) says that if a creditor does not timely file, the debtor or the trustee may file. The section uses the word timely and does not state a number of days. The rules that set the time, the form, and the procedure were not opened. Do not use a form number. A senate report printed with the section is not the current deadline. Section 501(d) and (e) were read as filing routes for specified claims. Sections 502(e)(2), 502(f), 502(g), 502(h), and 502(i) were not opened, so you do not apply them from this check. A proof of claim is not a threat of suit under 12 CFR § 1006.26.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.