CH13WDVA.COM


Office of the Chapter 13 Trustee



christopher micale



Proof of Claim
Frequently Asked Questions



1. How do I file a claim?



Note: Proof of Claims and attachments must be filed in PDF format. You will need the debtor’s name, case number, address to receive notices and/or payments, amount of claim, and any supporting documentation.


a. We suggest you file a claim electronically at https://ecf.vawb.uscourts.gov/cgi-bin/autoFilingClaims.pl


b. Call Janet Jenkins at the CM/ECF Helpdesk at 540-795-6322 or E-Mail janet_jenkins@vawb.uscourts.gov with any questions.


c. Or you can use this Proof of Claim form and mail it to the Bankruptcy Court Clerk’s Office.


Roanoke, Abingdon, Big Stone Gap, and Lynchburg cases should be mailed to:


United States Bankruptcy Court

Western District of Virginia, Roanoke Division

210 Church Ave SW, Room 200

Roanoke VA 24011






2. I need to change (amend) a claim that I previously filed. What do I need to do?



Note: Information on claims previously filed can be accessed for free by registering on 13Network or by paid subscription on the National Data Center.


a. You can electronically file the claim again and “amend” it at https://ecf.vawb.uscourts.gov/cgi-bin/autoFilingClaims.pl. Check the box for “Does this claim amend a previous claim?”, include the original claim number, and the date the original claim was filed.


b. Or you can file the claim again and “amend” it using a standard Proof of Claim form. Check the box for “Does this claim amend a previous claim?”, include the original claim number, and the date the original claim was filed. Mail your claim to the Bankruptcy Court Clerk’s Office at:


Roanoke, Abingdon, Big Stone Gap, and Lynchburg cases should be mailed to:


United States Bankruptcy Court

Western District of Virginia, Roanoke Division

210 Church Ave SW, Room 200

Roanoke VA 24011


​c. Please contact our office if the debt has been satisfied or paid in full and the Trustee’s office is due for a refund.


d. Refund checks must include the debtor’s name and case number. Please mail refund checks to the lockbox address:


Christopher Micale, Chapter 13 Trustee

PO Box 613709

Memphis, TN 38101-3709



3. I need to withdraw my claim that I previously filed. Is there a form for that?



Note: Please do not withdraw your claim because the debt has been satisfied or paid in full. You will need to amend your claim to the amount that has been paid to you by the Trustee.


Information on claims previously filed can be accessed for free by registering on 13Network or by paid subscription on the National Data Center.


a. We suggest that you go to the court’s CM/ECF document filing system at: Western District of Virginia - LIVE (uscourts.gov) to withdraw your claim electronically. You will need to reference the bankruptcy case number, the claim number, the claim amount, and the date your claim was originally filed.


b. If no portion of the claim has yet been paid, you can fill out our Proof of Claim Withdrawal form and mail it to the Bankruptcy Court Clerk’s Office at:


Roanoke, Abingdon, Big Stone Gap, and Lynchburg cases should be mailed to:


United States Bankruptcy Court

Western District of Virginia, Roanoke Division

210 Church Ave SW, Room 200

Roanoke VA 24011

​

You will need to reference the bankruptcy case number, the claim number, the claim amount, and the date your claim was originally filed.



4. How do I change my payment and/or notice address? What if there are several debtors’ claims that need addresses to be changed?



Note: You must indicate if it is a payment address, notice address, or both that should be changed and reference the bankruptcy case number, debtor’s name, claim number, previous address, and new address. A list of cases and claim numbers should be included for multiple cases with claims needing address changes.


Information on claims previously filed can be accessed for free by registering on 13Network or by paid subscription on the National Data Center.


a. For payment address only changes, please contact the Trustee’s office.


b. You can use our Notice of Creditor Address Change form mail it to the Bankruptcy Court Clerk’s Office at:


Roanoke, Abingdon and Big Stone Gap, and Lynchburg cases should be mailed to:


United States Bankruptcy Court

Western District of Virginia, Roanoke Division

210 Church Ave SW, Room 200

Roanoke VA 24011





5. The claim I previously filed has been paid in full by the Trustee. Do I need to do anything?



Note: Information on claims previously filed can be accessed for free by registering on 13Network or by paid subscription on the National Data Center.


a. No, if the amount paid is the same amount that was on the claim, our system automatically stops sending funds to the creditor.


b. Yes, if the amount that pays the claim in full is less than the original claim amount filed, then the claim will need to be amended to the amount the Trustee has paid. You amend the claim by filing the claim again electronically at https://ecf.vawb.uscourts.gov/cgi-bin/autoFilingClaims.pl. Check the box for “Does this claim amend a previous claim?”, include the original claim number, and the date the original claim was filed.


Or use a standard Proof of Claim form and check the box for “Does this claim amend a previous claim?”, include the original claim number, and the date the original claim was filed. Mail your claim to the Bankruptcy Court Clerk’s Office at:


Roanoke, Abingdon and Big Stone Gap, and Lynchburg cases should be mailed to:


United States Bankruptcy Court

Western District of Virginia, Roanoke Division

210 Church Ave SW, Room 200

Roanoke VA 24011



6. I haven’t filed a claim for our company, but I see that Debtor’s attorney has already filed a claim on our company’s behalf. What do I need to do now?



If the information on the claim filed by the debtor’s attorney is correct, then you do not need to file a claim. If the information is not correct, then file your claim and our office will contact the debtor’s attorney and request that they withdraw their claim.



7. I just received information that our Debtor filed a Chapter 13 Bankruptcy, but I did not receive notice of the bankruptcy filing and it is passed the deadline to file a claim. What happens now?



Note: Any party may object to a late claim. This answer only relates to the position the Trustee’s office takes. If an objection is filed, you should consult with an attorney. If you choose to represent yourself, you should file responses by deadlines stated in the document and appear at all hearing dates. NOTE: While it may not be required to have an attorney file a proof of claim on your behalf, only individuals may represent themselves without an attorney in bankruptcy court proceedings before a judge, like a hearing on an objection to a proof of claim. Generally, corporations, LLCs, partnerships and business entities must obtain an attorney if they come before a judge.


a. If you or your company were not listed on the mailing list, it is unlikely an objection will be filed by the Trustee’s office.


b. If you or your company were listed with the correct address, it is likely the Trustee’s office will object to your claim as untimely.


c. If you or your company were listed with a correct address AND you possess a secured or priority claim, it is likely that the Trustee will not object to those portions of the claim as untimely, however, the Trustee will likely seek to limit the secured claim to an amount equal to the lesser of the claim amount or the amount provided by the Plan.



8. We are a taxing authority and filed a tax claim but now the claim has been paid in full by the Debtor. The Trustee’s records show that money is still owed. What do I do now?



Note: Information on claims previously filed can be accessed for free by registering on 13Network or by paid subscription on the National Data Center.


a. You need to electronically file the claim again “amend” it at https://ecf.vawb.uscourts.gov/cgi-bin/autoFilingClaims.pl. Check the box for “Does this claim amend a previous claim?”, include the original claim number, date the original claim was filed, and the total claim amount that was paid by the Trustee’s Office.


b. Please contact our office if the claim has been paid in full and the Trustee’s office is due for a refund.


c. Refund checks must include the debtor’s name and case number. Please mail to the refund lockbox address:


Christopher Micale, Chapter 13 Trustee

PO Box 613709

Memphis, TN 38101-3709



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PO BOX 20608, ROANOKE, VA 24018
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