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Proof of Claim, New York

Updated: February 29, 2024

Contributors:

There are no local rules that require additional POC or TOC (transfer of claim) forms, information, etc.

Post-petition/pre-confirmation attorney fees may not be included in the Proof of Claim.

They are to be recovered through a Post-Petition Fee Notice (PPFN).
Chapter 7 – If the Trustee files an asset report, a POC is recommended.

An Amended POC should be filed after a Loan Modification as most Orders approving loan modifications either require an amended POC or deem the POC amended.

TOPICS: Bankruptcy, Proof of Claim

SUBSCRIPTIONS: The Source

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State Members

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USFN and its members have prepared this content as a public service and for general information purposes only. The information may or may not reflect the most current legal developments and under no circumstances should subscribers rely solely on this material.

Subscribers should seek independent legal counsel before acting upon any information contained in this Guide. The information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in the relevant jurisdiction. Foreclosure law is complex and dependent on state, county, and federal law, as well as interpretations by the local and federal judiciary. It is advisable that servicers and other subscribers contact local counsel familiar with the rules, practices, and interpretations of the particular jurisdiction.

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