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Setting Claims Bar Date, Establlishing Claims Processing And Objection Procedures Form. This is a Missouri form and can be use in Bankruptcy Court Federal.
Tags: Setting Claims Bar Date, Establlishing Claims Processing And Objection Procedures, Missouri Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION IN THE MATTER OF: ) In Proceedings Under Chapter 11 ) DEBTOR NAME, ) Case No. 01-12345-XXX ) Debtors. ) ) Honorable ) United States Bankruptcy Judge STANDING ORDER #3 SETTING CLAIMS BAR DATE, ESTABLISHING CLAIMS PROCESSING AND OBJECTION PROCEDURES, AND ESTABLISHING CLAIMS ESTIMATION PROCEDURES PURSUANT TO 11 U.S.C. 247 502 This matter coming before the Court on the request of the Debtors and Debtors-in-Possession, the Court having reviewed and considered the request and having heard the statements of counsel in support thereof and the statements of all other parties appearing before the Court in connection therewith; the Court having jurisdiction over this matter pursuant to 28 U.S.C. 247247 157 and 1334 and Local District Court Rule 9.01(B)(1); the Court finding that this is a core proceeding pursuant to 28 U.S.C. 247 157(b)(2); the Court being fully apprised in the premises and having determined that the legal and factual bases are sufficient to establish just cause for the relief herein granted; now therefore, IT IS ORDERED, ADJUDGED AND DECREED Claims Bar Date 1. is fixed as the last day (the 223Bar Date224) by which all creditors of the above-captioned Debtors must file proofs of claim with the Court. A copy of the Proof of Claim Form which should be utilized in these proceedings unless the filer is using the American LegalNet, Inc. www.FormsWorkFlow.com 2 Court222s electronic proof of claim filing system (223ePOC224) to create the proof of claim is attached as Exhibit A. Alternative proof of claim forms may be used provided any form used shall be in substantial conformity with the Official Proof of Claim Form. 2. Each proof of claim must be filed with the Clerk of Court on or before . If filing by mail or delivering the claim in person, an original of each proof of claim must be filed. All proofs of claim shall be filed either by using the Court222s ePOC system (found on the Court222s web site at www.moeb.uscourts.gov ) to create and file the proof of claim, by using the Court222s CM/ECF system, or by mailing or bringing the claim in person to the Office of the Clerk of Court, 111 S. Tenth Street, Fourth Floor, St. Louis, Missouri, 63102. If a creditor requests an acknowledgment copy of a proof of claim filed by mail, an additional copy of the proof of claim along with a self-addressed, postage prepaid return envelope shall be submitted. Each claim must specifically state the name and case number of each Debtor against which such claim is asserted. Claims in foreign currency must state the amounts claimed in such foreign currency and must also convert each such amount to United States Dollars as of (the petition date). If claims are to be asserted against more than one of the Debtors, a separate, original (with appropriate copies) of each proof of claim must be filed in each case in which a claim is asserted. Multiple Debtor Claims may not be filed in a single proof of claim. 3. Except as provided in paragraphs 4-7 hereof, any claim against any of the debtors that is not filed in accordance with the bar order on or before shall be barred, and the debtors and their estates shall be released from any and all indebtedness or other liability to the holder of each such claim as claim is defined in 11 U.S.C. 247 101(5), in these American LegalNet, Inc. www.FormsWorkFlow.com 3 chapter 11 proceedings. Holders of such barred claims shall be foreclosed from voting upon or receiving distribution under any plan or plans of reorganization in these cases. 4. THE FOLLOWING CREDITORS NEED NOT FILE PROOFS OF CLAIM AT THIS TIME: a) Any creditor whose claim is listed in the Schedules of Assets and Liabilities of the Debtors as filed on , or expected to be filed on (or any amendments to such Schedules), if the claim is not listed as 223contingent,224 223unliquidated224 or 223disputed224 and if the creditor does not dispute the classification and scheduled amount of its claim; b) Any creditor who has filed a proof of claim and who does not seek to change the claim as filed. c) Any creditor whose claim is allowable under section 507(a)(1) of the Bankruptcy Code as an expense of administration of the Debtors222 chapter 11 cases. Holders of delinquent post-petition claims, if any, against the Debtors should file an appropriate application with the Court; d) Any creditor whose claim has been paid or otherwise satisfied pursuant to authorization of the Bankruptcy Court; e) Any creditor whose claim arises under the Debtor-in-Possession Financing Agreement and Facility; f) Any creditor whose claim is a claim by any one of the Debtors or any affiliate of the Debtors against another Debtor, as reflected on the Schedules; g) Any creditor whose claim has been allowed or disallowed by order of this Court. American LegalNet, Inc. www.FormsWorkFlow.com 4 h) Any environmental claims of any governmental unit that relate to properties currently owned by any of the Debtors. i) Claims of any bondholder for amounts outstanding under a particular bond need not be filed separately by the bondholder. The Indenture Trustee for each bond issue is authorized to file a proof of claim with respect to all amounts outstanding under the bonds of that issue. 5. Any creditor whose claim arises out of the rejection by the Debtor of an executory contract or unexpired lease or a judgment entered against the creditor pursuant to an action under Chapter 5 of the Bankruptcy Code must file its claim by the later of (i) (the claims bar date), or (ii) within 30 days after entry of an order approving the rejection. 6. Any creditor who has already filed a proof of claim need not file a duplicate proof of claim. Those creditors with claims listed on the schedules in amounts, priorities, and type that the creditors do not contest need not file a proof of claim. 7. In the event any Debtor amends its Schedules of Assets and Liabilities subsequent to the date hereof to reduce the amount of a scheduled claim or to reclassify the claim as 223contingent,224 223unliquidated224 or 223disputed,224 the Debtor shall give written notice of such amendment to the holder of the claim affected thereby, along with notice that the holder has 30 days from the date of the notice to file or amend a proof of claim, if necessary, or be forever barred from so doing. 8. The provisions of the bar order apply to all claims of whatever character or nature against any debtor or its property, whether secured or unsecured, liquidated or unliquidated, fixed or contingent. American LegalNet, Inc. www.FormsWorkFlow.com 5 9. The Debtors222 Schedules of Assets and Liabilities may be examined and inspected by interested parties in the office of the Clerk of the United States Bankruptcy Court, Thomas F. Eagleton U.S. Courthouse, 111 South Tenth Street, Fourth Floor, St. Louis, Missouri 63102. Copies of Debtors222 Schedules of Assets and Liabilities may be obtained from Bankruptcy Services, Inc., Thomas F. Eagleton U.S. Courthouse, 111 South Tenth Street, Fourth Floor, St. Louis, Missouri 63102, (314) 244-4500 or may be viewed electronically through the court222s PACER system. Information regarding access to case information through PACER-NET is available on the court222s web site at http://www.moeb.uscourts.gov/ . 10. Each proof of claim will be assigned a claim number upon filing. 11. a) The Clerk of the Court shall maintain a claims register within the Court222s CM/ECF system. Debtors shall give such notice and perform such functions as are required by Bankruptcy Rules 3001 and 3004 using forms and procedures which are substantially similar to those used by the Clerk. b) THESE CASES ARE NOT CONSOLIDATED. Consistent with Standing Order #1 in these cases, proofs of claims are to be numbered sequentially and maintained by the Clerk in a single claims file without regard to the particular estate against which each claim is asserted. However, claims information shall be stored in such a manner as to provide a separate claims register in each estate listing only those claims asserted against the particular estate. c) All documents proffered as proofs of claims a