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 and Bankruptcy Fee Compendium for exceptions to filing fee. 28 U.S.C. Section 1930].

Step-by-Step Procedures:
To File Electronically:

  1. Review the Transfer of Claim for the necessary filing requirements.

  2. Scan documents.

  3. Log into CM/ECF.

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

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

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

  7. Skip additional attorney(s) screen.

  8. 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.

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

  10. 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.

  7. Place document(s) in shred/chron box.

Court Will:

  1. Check Transfer of Claim against Claims Register:

    • Transfer of Claim is filed in correct case.

    • Make sure transferor and transferee are added to the creditor matrix.

    • Transferor's name, amount of claim, and claim number are correctly entered.

    • Transferee's name and address are correctly entered.

    • Filing Fee Paid.

  1. Generate for service the Notice of Transfer of Claim:  Utilities>Generate Notices> checkmark Notice of Transfer of Claim.  Click [Next].

    Note:
     Notice of Transfer of Claim form is produced in "Generate Notices" when Transfer of Claim is filed.  Second page of form is intentionally blank.  The notice is scheduled to be processed by the Bankruptcy Noticing Center (BNC).  Refer to the BNC Certificate of Service entry to view the actual form.

  2. If filing fee is not paid at the time of filing, case manager to issue Notice of Fee due form*.

  3. Select [Bankruptcy > Court Events > Enter Case Number > Select Notice of Fee Due].

  4. Skip Browse feature [Next].

  5. Select Claims Category.

  6. Select appropriate Transfer of Claim event.

  7. Verify docket text.

  8. Select form (feedue - Notice of Fee Due).

  9. Select Transferee and Transferor to be served via BNC.

  10. Insert dollar amount on form of amount due.

*Note:

  • This Notice of Fee Due will be the first notification per the accounts receivable procedures.  If fee is not paid, A/R procedures will be followed.

  • Financial will automatically receive notification when this event is docketed in CM/ECF thru email.

  • If a creditor is routinely delinquent with payment of fees, this information will be brought to the attention of the Judge.

 

 

 

 

 

11 U.S.C.:

FRBP: 3001(e)

 

28 USC Section 1930(20)