Q: How do I file a claim for the invoices a company owes me after they file for Chapter 11 bankruptcy?
I owe 2 invoices to a company which declared chapter 11 bankruptcy after the invoice date and now they have stopped responding to my message. The only information I have is that I am listed as one of the creditors. How do I file a proof of claim? I am an overseas independent contrator and not in the US.
A:
This depends on the chapter 11 case. If it is a larger case, there might be a claims agent with a website available for filing claims. If not you can also file a claim directly with the bankruptcy court, either by mailing a proof of claim form (form template available here: https://www.uscourts.gov/forms/bankruptcy-forms/proof-claim-0) to the Clerk of the court or filing online, if the Bankruptcy Court has that option available.
A couple of points to consider:
1. Bankruptcy Code section 362 prohibits creditors from pursuing pre-petition debts owed by a bankruptcy debtor. You should not contact the debtor, but you may contact the attorneys that filed the case for more information on filing a proof of claim.
2. If the Debtor wants to continue using your services, they must pay you for post-petition services. But they could only pay for pre-petition services by order of the court (i.e., as a critical vendor).
3. The Debtor might have been considered you a critical vendor, but either later changed its mind, or Bankruptcy Court denied that request to pay you as a critical vendor.
4. By filing a claim, you subject yourself to the jurisdiction of the bankruptcy court, and you should retain local bankruptcy counsel to determine how this might affect you.
Depending on how much money is at stake, you might want to pay for a local bankruptcy attorney to guide you through the process.
Timothy Denison agrees with this answer
A: If you are abroad, you should hire an attorney in the city where the bankruptcy is filed to file your proofs of claim for you.
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