Transfer of Claim

Last Updated: May 1, 2013

General Information:

  • If a claim has been transferred other than for security after the Proof of Claim has been filed, evidence of the transfer must be filed with the court.

  • If the Transfer of Claim is filed by the transferee (the party receiving the claim), the court will issue a notice to the transferor (the original holder of the claim) giving them opportunity to object to the transfer.

  • Reminder:  Redact private information.

Filing Requirements:

  • Transfer of Claim should conform with Official Form B 210A.

    • Transferee's and Transferor's names and addresses must be clearly identified, with the amount of the claim, and must be signed by the filing party.

    • The document must specify which claim is being transferred, using the Court claim number (this can be located in ECF by going to Reports > Claims Register).

  • Filing Fee

    [Note:  Refer to Bankruptcy Court Miscellaneous Fee Schedule for exceptions to filing fee. 28 U.S.C. Section 1930].


To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy> Limited Filing User or Claims Actions].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Transfer of Claim] from the event list.  Click [Next].

  5. Skip additional attorney(s) screen.

  6. Select the party filer.  If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  7. Browse to select the Transfer of Claim (.pdf file).

  8. Do you have attachments to add?

    • Select "Yes" and click [Next].

    • Browse for your pdf attachments.

    • Select a Type from the drop down list or add Description of the attachments.

    • Click Add to List.

    • Repeat for any additional attachments.

    • Click [Next].

  1. Select the "Claim" from list to associate to Transfer of Claim. Click [Next].

  2. Select appropriate radio button for Transfer Type.

  3. Search for Transferee (if transferee is not listed, click Add New Creditor).

  4. Search for Transferor (if there are multiple claims be transferred, you can continue to search. Click [Next].
    (Hint: claim number is listed by creditor's address).

  5. Verify the final docket text.

    Example text: "Transfer of Claim Transfer Agreement 3001(__)(__) Transferor: ______ (Claim No. ___) to ______. Filed by _______.

  6. If correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

 

 

 

 

 

11 U.S.C.:

FRBP: 3001(e)

 

28 USC Section 1930(20)