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Proof of Claim, New York

Updated: February 29, 2024

Contributors:

Are there any local rules / judge requirements that require additional POC attachments / information / documents? No district in NY has local rules / judge requirements that require additional POC attachments / information / documents beyond what is required by the Bankruptcy Rules.

Are there any local rules / judge requirements that require additional Transfer of Claim attachments / information / documents? No district in NY has local rules / judge requirements that require additional Transfer of Claim attachments / information / documents beyond what is required by the Bankruptcy Rules.

How are post-petition / pre-confirmation attorney fees recovered? PPFN

Is filing a POC in a Chapter 7 case ever required / recommended? If the Trustee files an asset report in a Chapter 7, a POC is recommended.

Should an amended POC be filed in a Chapter 13 case after a loan modification is agreed to and/or approved by the court? Yes, and 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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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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