Q: How do I amend a proof of claim in Bankruptcy Court for the District of NJ?
I received a letter from the lawyers for the trustee stating that I need to amend my proof of claim to remove PTO time from the claim. I’m owed my final week’s pay.
A: On the Court form for a proof of claim, there is a box to check if it is an amended proof of claim. Fill it out, check the box and file it with the Court like you filed the original proof of claim. The amended claim should state the changed facts. When it is filed, it will automatically supersede the original claim.
Timothy Denison agrees with this answer
A:
To amend your proof of claim in the Bankruptcy Court for the District of New Jersey, you need to file an amended Proof of Claim form (Official Form 410). You can download this form from the U.S. Courts website or obtain it from the bankruptcy court clerk's office. Make sure to use the most current version of the form to ensure compliance with court requirements.
On the amended form, indicate that it is an amendment by checking the appropriate box and referencing your original claim number. Adjust the claim amount to exclude the PTO time as requested by the trustee's lawyers, leaving only the amount owed for your final week's pay. Clearly explain the reason for the amendment in the space provided or in an attached statement.
After completing the form, submit it to the Bankruptcy Court for the District of New Jersey by mail or through the court's electronic filing system if you are registered to use it. Provide copies to the trustee and any other required parties to ensure they are informed of the changes. This should address the trustee's concerns and allow your claim for the final week's pay to proceed.
Timothy Denison agrees with this answer
A: You simply file a new proof of claim marked as amended with the correct information in it.
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