Completing Proofs of Claim

Forms

General Information

  • The debtor’s name and date of bankruptcy as shown on the Notice to Creditors must be filled in, if not already.
  • Ensure you complete your complete name (or company name if the debt is to a company) as the “name of creditor” on the proof of claim form.
  • Complete your address, telephone number, fax number, and e-mail address where available on your proof of claim form where indicated. This contact information will be used to send notices, contact you in case of problems, and also to remit dividends if available.
  • Below your contact information, enter the name of the individual completing the proof of claim form and city/province of residence.
  • The form must be dated with a location, day, month, and year and signed by the creditor, with the creditor’s signature witnessed by another party. Your claim is incomplete unless signed and witnessed.

Claim Completion (by section)

Section # 1

In the case of a corporate creditor, please indicate your title with the company (Credit Manager, Agent, President, etc). Should you be an individual creditor, please indicated that you are a creditor of the debtor.

Section # 2

Nothing to complete in this section

Section # 3

Please indicate the total amount owing to you at the date of bankruptcy. A proof of claim is incomplete unless you include a statement of account (marked as Schedule A) setting out particulars of the claim. The total on this statement must be complete and agree with the balance claimed by you as of the date of bankruptcy. This should be detailed, showing the date, number and amount of all invoices or charges, together with the date, number and amount of all credits or payments. A statement of Account is not complete if it begins with an amount brought forward, or a one-line figure.

Section # 4

The nature of the claim and particulars thereof must be indicated by ticking the type of claim and completing all required details. Most supplier claims are unsecured.

Section # 4A

Should an amount you are claiming (or any part thereof) be unsecured, please indicate the total amount of the unsecured claim. You must also indicate a right to priority (or not) under Section 136 of the Bankruptcy and Insolvency Act. Details of what amounts can be claimed as preferred can be found by selecting the link above. The total of any preferred and non-preferred claims must total your unsecured claim amount. Should you have no preferred claim under the above-noted section, you must enter the amount of your unsecured claim, indicating that you do not claim a right to priority.

Section # 4B

A claim based on S65.2(4) of the Bankruptcy and Insolvency Act, related to a proposal that allows for such a claim.

Section # 4C

Indicates that a claim is secured and the value at which the creditor assesses the security must be inserted. Details of each item of security held should be attached as a separate schedule and submitted with a copy of the chattel mortgage, conditional sales contract, security agreement, etc. Please ensure all copies submitted are complete and legible.

Section # 4D

Ticking (D) indicates that the creditor is a farmer, fisherman, or aqua culturist who supplied goods within 15 days prior to the date of receivership or bankruptcy and has not yet been paid for those goods. The amount claimed in section (D) should be only for those that are subject to these conditions. Any claim that does not meet the above two conditions ranks as unsecured and (A) should also be completed.

Section # 4E

In addition to the preferred claim for $2,000 subject to certain conditions (see Section 163 of the Bankruptcy and Insolvency Act), employees may claim under Section E for bankruptcies or receiverships occurring after July 6, 2008. Ticking (E) indicates that the creditor is a wage earner / employee and has claim(s) under Subsection 81.3 and/or 81.4 of the Bankruptcy and Insolvency Act. The amount that may be claimed by an eligible individual is $2,000 less any deductions applicable under a federal or provincial law. Any balance owing after these amounts should be claimed as unsecured. Sub-contractors or independent contractors where an employer-employee relationship did not exist are not eligible for claims under this section.

Section # 4F

Ticking (F) indicates that the creditor has a claim against the director(s) of the debtor company when a proposal provides for the compromise of claims against directors subject to Subsection 50(13) of the Bankruptcy and Insolvency Act

Section # 4G

Ticking (G) indicates that the creditor is a customer of a bankrupt securities firm with a claim under Section 262 of the Bankruptcy and Insolvency Act

Section # 5

The person signing the form must indicate (by striking out either “is” or “is not”) whether the creditor and the debtor are related. Section 4 of the Bankruptcy and Insolvency Act defines persons related to a debtor. If the creditor is related by blood or marriage to the debtor, the creditor should consider itself to be a related person. If the debtor is a corporation, a creditor would be related if it was a shareholder or if the creditor was controlled by the same shareholders as the debtor.

Section # 6

The person signing the form must provide full details of all payments and credits received from or allowed to the debtor during the period indicated. This should be indicated on your Statement of Account (Schedule A) outlining your claim in part 4 of your proof of claim.

Proxy

A creditor may vote either in person or by proxy. If you wish to appoint a proxy to represent your interest at the first meeting of creditors, the proxy form must be completed and signed by the creditor. If the creditor is a corporation, it must be signed in the corporate name and witnessed, appointing an authorized person the right to vote on behalf of the corporation. The trustee may be appointed as a proxy to vote on behalf of a creditor.

Delivery

A proof of claim form should be delivered to the trustee via postal mail to

Perry Krieger & Associates Inc.
45 Vogell Road, Suite 300
Richmond Hill, ON L4B 3P6

Should you wish to be eligible to vote at the first meeting of creditors, Proof of Claim forms must be received prior to the commencement of the meeting.