1.8.5 Claim Registration -Complete Claim Transfer
Following the completion of the payment process, the buyer is required to fill out Form 2100A and submit it along with any supporting documents to the relevant bankruptcy court. The details and address of the appropriate court can be found on the claim token page associated with your purchase on the D/Bond marketplace.
Form 2100A is an important legal document in bankruptcy proceedings that enables the transfer of claims from one party to another. It's crucial to fill out this form accurately and completely to ensure the validity of the claim transfer.
Remember to keep copies of all documents you send for your records. This step finalizes the legal process for claim transfer, allowing the buyer to officially acquire the rights to the claim purchased via D/Bond.
TRANSFER OF CLAIM OTHER THAN FOR SECURITY ( form 2100A): https://www.uscourts.gov/sites/default/files/form_b2100ab.pdf
Instructions
Form 2100A/B Instructions Form 2100A/B Instructions (2/2020) TRANSFER OF CLAIM OTHER THAN FOR SECURITY AND NOTICE Instructions Caption
Identify the Judicial District in which the bankruptcy case was filed by filling in the blanks. Example: “Eastern” [DISTRICT OF] “California.”
“In
re”: Insert the name of the debtor and the case number as they appear in the Notice of Chapter Bankruptcy Case, Meeting of Creditors & Deadlines” sent to creditors at the beginning of the bankruptcy case.“Name of Transferee”: Insert the name of the entity that purchased or otherwise acquired the claim. This should be same entity that files the notice and that signs or whose agent signs the notice.
“Name and Address where notices to transferee should be sent”: Insert the name and address of the entity that has acquired the claim and is filing the notice. This is the address the court and parties in interest will use when they send notices and other documents in the case. Include a telephone number and the last four digits of any account number assigned by the transferee to the debt that is the basis for the claim.
“Name and Address where transferee payments should be sent (if different from above)”: If payments on the claim should be sent to an address different from the one to which notices will be sent, the transferee should provide the payment address in this section of the form. Include a telephone number and the last four digits of any account number assigned by the transferee to the debt that is the basis for the claim.
“Name of Transferor”: Insert the name of the creditor that sold or otherwise relinquished the claim.
“Court Claim # (if known):” If the transferee filing the notice knows the claim number assigned by the court to the claim purchased or otherwise acquired by the transferee, insert that number here. The transferee may review the claims register in the case to obtain the claim number.
“Amount of Claim:” Insert the amount of the claim filed with the court by the transferor. The transferee may review the claims register to ascertain the amount.
“Date Claim Filed:” Insert the date the claim was filed with the court by the Form 2100A/B Instructions transferor. The transferee may review the claims register to ascertain the date.
"Phone": Insert the phone number (if known) of the creditor that sold or otherwise relinquished the claim. Include the last four digits (if known) of the any account number used by the transferor to identify the debt that is the basis for the claim.
Signature and Date: The transferee filing the notice, if the transferee is an individual, or the transferee’s agent, if the transferee is not an individual, must sign the notice under penalty of perjury. If an agent signs, the agent should type or print the agent’s name and title or other authority, in addition to signing. The individual signing the notice also should date it. Rule 5005(a)(2) generally requires electronic filing and service for represented entities and permits electronic filing and service for unrepresented individuals by court order or local rule. Rule 5005(C) provides that “[a] filing made through a person’s electronicfiling account and authorized by that person, together with that person's name on a signature block, constitutes the person’s signature.” Consult the court in which the notice is to be filed for specific requirements.
The transferee should not complete or file Form 2100B. The clerk will complete the Form 2100B notice and it will be mailed by the Bankruptcy Noticing Center.
General Information for the Clerk
Whenever a claim is transferred under terms specified in Rule 3001(e)(2), that is, other than for security and after a proof of claim has been filed, the purchaser/transferee must file evidence of the transfer. Rule 3001(e)(2) also requires the clerk “immediately” to give notice of the alleged transfer to the seller/transferor. The notice must state further that any objection must be filed within 20 days of the date the notice is mailed. Form 2100A is designed to serve as evidence of the transfer and Form 2100B is designed to serve as the notice the clerk sends to the alleged transferor of the claim. The transferee completes Form 2100A and signs it under penalty of perjury. The court’s CM/ECF computer system will assemble the information needed to prepare the Form 2100B notice from the docket entry for Form 2100A and information in the case records in the clerk’s office. The notice will be mailed by the Bankruptcy Noticing Center to the alleged transferor or, if the alleged transferor has agreed to receive notices electronically, it will be transmitted electronically.
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