1. What is Chapter 11 bankruptcy?
2. I am a creditor. May I write a letter or call the debtor asking them to pay me?
3. I am a creditor. If I can't contact the debtor, how do I ask for payment?
4. How do I get a Proof of Claim form?
5. After the debtor files for bankruptcy how long will it take before the Proof of Claim form is sent?
6. How do I fill out the Proof of Claim form?
7. When do I file the Proof of Claim form?
8. How much of their claim amount will creditors receive?
9. When do creditors receive payment on their claim amount?
10. What is a claims agent?
11. Can Proof of Claim forms be faxed?
12. How can a creditor confirm that a Proof of Claim form was received?

1. What is Chapter 11 bankruptcy?
Chapter 11 is one type of bankruptcy case under Title 11 of the United States Code, also known as the Bankruptcy Code. Chapter 11 is filed by companies (and certain individuals) who wish to reorganize their business as a result of an unstable financial status. A Chapter 11 is begun by filing a petition with a United States Bankruptcy Court. A company that files for Chapter 11 is called the debtor. A person or company to whom the debtor owes money is called a creditor.

2. I am a creditor. May I write a letter or call the debtor asking them to pay me?
No. One of the reasons a company files for bankruptcy is because the Bankruptcy Code requires that all creditors stop asking the debtor to pay them. If a creditor continues to contact the debtor for payment, the creditor could be punished by the Bankruptcy Court.

3. I am a creditor. If I can't contact the debtor, how do I ask for payment?
The process for creditors to ask for payment is called the claims process. The amount owed to a creditor is called the claim amount. To ask for payment of a claim amount, a creditor must "file" a form called a Proof of Claim. Filing a form does not necessarily mean you will receive any payment on your claim amount.

4. How do I get a Proof of Claim form?
At some point during the case, the Bankruptcy Court will require the debtor to send out a Proof of Claim form to all its known creditors. If you are not sure the debtor knows you, you can download a claim form from the Forms & Publications link.

5. After the debtor files for bankruptcy how long will it take before the Proof of Claim form is sent?
Every bankruptcy case is different. It is very difficult to know at what point the Proof of Claim forms will be sent.

6. How do I fill out the Proof of Claim form?
A page of instructions and definitions should be included with the Proof of Claim form when it is sent. In general, the Proof of Claim must name the creditor with mailing address; the amount of the claim; list if the claim is secured, unsecured or priority; explain the basis for the claim; and include supporting documentation.

7. When do I file the Proof of Claim form?
The Proof of Claim form will come with a notice explaining the form and by what date the form must be received. The last day Proof of Claim forms can be filed is called the "Bar Date".

8. How much of their claim amount will creditors receive?
Every bankrupcty is different, but most cases result in creditors receiving a very small percentage of their claim amount. In many cases, creditors receive nothing.

9. When do creditors receive payment on their claim amount?
If any payment is made, it is very difficult to know when they will be sent. Most bankruptcy cases take many, many months or years to resolve.

10. What is a claims agent?
A claims agent is an independent company hired by a debtor to coordinate mass mailing of notices, forms and documents to creditors and other parties. The claims agent is also the company to whom Proof of Claim forms are sent. The claims agent helps the debtor in organizing and reviewing the Proof of Claim forms.

11. Can Proof of Claim forms be faxed?
No, Proof of Claim forms cannot be faxed. Any Proof of Claim forms received by fax will be discarded.

12. How can a creditor confirm that a Proof of Claim form was received?
There are two ways. First, include a copy of the Proof of Claim form you are sending and provide a self-addressed stamped envelope and a date-stamped copy will be returned to you. Second, upon receipt and processing of a Proof of Claim form, Delaware Claims Agency will send out an acknowledgement notice. If you did not receive an acknowledgement notice within twenty (20) days of sending the Proof of Claim form, you may call 1-800-838-6773 and ask a representative about the status of a Proof of Claim form.