B 10 (Modified Official Form 10) (4/10) – Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may
be exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for
example, District of Delaware), the bankruptcy debtor’s name, and the bankruptcy
case number. If the creditor received a notice of the case from the bankruptcy
court, all of this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address
of the person who should receive notices issued during the bankruptcy case. A
separate space is provided for the payment address if it differs from the notice
address. The creditor has a continuing obligation to keep the court informed of its
current address. See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1. Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check
the box if interest or other charges are included in the claim.
2. Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card. If the claim is based on the delivery of health
care goods or services, limit the disclosure of the goods or services so as to
avoid embarrassment or the disclosure of confidential health care information.
You may be required to provide additional disclosure if the trustee or another
party in interest files an objection to your claim.
3. Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by
the creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or
any other information that clarifies a difference between this proof of claim and
the claim as scheduled by the debtor.
4. Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured.
(See DEFINITIONS, below.) State the type and the value of property that
secures the claim, attach copies of lien documentation, and state annual interest
rate and the amount past due on the claim as of the date of the bankruptcy filing.
5. Amount of Claim Entitled to Priority Under 11 U.S.C. §§ 507(a).
If any portion of your claim falls in one or more of the listed categories, check
the appropriate box(es) and state the amount entitled to priority. (See
DEFINITIONS, below.) A claim may be partly priority and partly non-priority.
For example, in some of the categories, the law limits the amount entitled to
priority.
6. Credits:
An authorized signature on this proof of claim serves as an acknowledgement
that when calculating the amount of the claim, the creditor gave the debtor credit
for any payments received toward the debt.
7. Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary.
You must also attach copies of documents that evidence perfection of any
security interest. You may also attach a summary. FRBP 3001(c) and (d). If the
claim is based on the delivery of health care goods or services, see instruction 2.
Do not send original documents, as attachments may be destroyed after
scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of
the creditor or other person authorized to file this claim. State the filer’s address
and telephone number if it differs from the address given on the top of the form
for purposes of receiving notices. Attach a complete copy of any power of
attorney. Criminal penalties apply for making a false statement on a proof of
claim.
_______DEFINITIONS_______ _______INFORMATION_______
Debtor
A debtor is the person, corporation, or other entity
that has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(10).
Claim
A claim is the creditor’s right to receive payment on
a debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim
may be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor
to indicate the amount of the debt owed by the
debtor on the date of the bankruptcy filing. The
creditor must file the form with the clerk of the same
bankruptcy court in which the bankruptcy case was
filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property
of the debtor. The claim is secured so long as the
creditor has the right to be paid from the property
prior to other creditors. The amount of the secured
claim cannot exceed the value of the property. Any
amount owed to the creditor in excess of the value of
the property is an unsecured claim. Examples of
liens on property include a mortgage on real estate or
a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value of
the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. §§ 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s tax-
identification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other document
showing that the lien has been filed or recorded.
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, please
enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of
filed claims in this case by visiting the Claims and
Noticing Agent’s website at
http://www.kccllc.net/stationcasinos
Offers to Purchase a Claim
Certain entities are in the business of purchasing
claims for an amount less than the face value of the
claims. One or more of these entities may contact the
creditor and offer to purchase the claim. Some of the
written communications from these entities may
easily be confused with official court documentation
or communications from the debtor. These entities
do not represent the bankruptcy court or the debtor.
The creditor has no obligation to sell its claim.
However, if the creditor decides to sell its claim, any
transfer of such claim is subject to FRBP 3001(e),
any applicable provisions of the Bankruptcy Code
(11 U.S.C. § 101 et seq.), and any applicable orders
of the bankruptcy court.
PLEASE SEND COMPLETED PROOFS OF
CLAIM TO:
SCI Subsidiary Debtor Claims Processing Center
c/o Kurtzman Carson Consultants LLC
2335 Alaska Avenue
El Segundo, CA 90245
Case 09-52477-gwz Doc 3595 Entered 07/14/11 00:40:04 Page 14 of 507