proof of claim

A written and verified statement of a claim against a decedent, presented for payment by filing in the probate court or serving the same upon the personal representative as the statute may require. 31 Am J2d Ex & Ad §§ 298 et seq. In bankruptcy, a demand against a fund in possession of the court for distribution. 9 Am J2d Bankr § 428. A statement in writing, signed and verified by the creditor, with caption and title as prescribed by Order 21 of the General Orders in Bankruptcy, setting forth a claim against the estate in bankruptcy, the consideration therefor, whether any and, if so, what securities are held therefor, whether any and, if so, what payments have been made thereon, and declaring that the claim is justly owing from the bankrupt to the creditor. Bankruptcy Act § 57(a); 1 I USC § 93(a); 9 Am J2d Bankr § 439. A sworn statement of subject matter and amount of a claim against an insolvent in insolvency proceedings, made for the purpose of participating in the distribution of assets to creditors. 29 Am J Rev ed Insolv § 31.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • proof of claim — form filed by a creditor setting out its claims against a bankruptcy debtor (Glossary of Common Bankruptcy Terms) A form used to file a claim. The form requires the creditor to enter information to describe the basis of his claim. also see claim… …   Glossary of Bankruptcy

  • proof of claim — proof of claim: a written statement that sets forth a claim against a bankrupt debtor or the probate estate of a deceased debtor Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. proof of claim …   Law dictionary

  • informal proof of claim — informal proof of claim: a writing by a creditor that contains a demand for payment of a debt and an intention to hold the debtor s bankruptcy estate liable but that is not in the form prescribed in the Bankruptcy Code for proofs of claim ◇ If an …   Law dictionary

  • claim — A right to payment (SA A right to payment, whether or not fixed, contingent, liquidated, disputed, or matured. (Bernstein s Dictionary of Bankruptcy Terminology) BAR DATE The date by which claims must be filed with the Bankruptcy… …   Glossary of Bankruptcy

  • claim — n [Old French, from clamer to call, claim, from Latin clamare to shout, proclaim] 1 a: a demand for something (as money) due or believed to be due; specif: a demand for a benefit (as under the workers compensation law) or contractual payment (as… …   Law dictionary

  • proof — n [alteration of Middle English preove, from Old French preuve, from Late Latin proba, from Latin probare to prove] 1: the effect of evidence sufficient to persuade a reasonable person that a particular fact exists see also evidence 2: the… …   Law dictionary

  • proof — The effect of evidence; the establishment of a fact by evidence. New England Newspaper Pub. Co. v. Bonner, C.C.A.Mass., 77 F.2d 915, 916. Any fact or circumstance which leads the mind to the affirmative or negative of any proposition. The… …   Black's law dictionary

  • claim — To demand as one s own or as one s right; to assert; to urge; to insist. A cause of action. Means by or through which claimant obtains possession or enjoyment of privilege or thing. Demand for money or property as of right, e.g. insurance claim.… …   Black's law dictionary

  • Claim in bankruptcy — Bankruptcy in the United States Bankruptcy in the United States Authority · History U.S. Trustee Court  …   Wikipedia

  • claim in bankruptcy — A proof of claim against the bankrupt. See proof of claim; provable debt …   Ballentine's law dictionary

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