If a bankrupt person (debtor) owes you money and you wish to submit a claim in the bankruptcy, you must send the trustee a claim form (Form 11) or (Form 5) - Bankruptcies awarded between 2 April 2015 - 29 November 2016 or (Form 4 - bankruptcies awarded before 1 April 2015) together with documentary evidence showing the amount owed to you on the date the person went bankrupt. A decision will be made on whether to accept or reject the claim based on the information provided.
If a debtor informs their trustee or they have been notified that you are a creditor, they will automatically send you a claim form within 60 days of the award of the bankruptcy. This should be returned within 120 days of receiving such notification. If your claim is not received within the 120 day time limit, your claim will not be included in the bankruptcy, unless there are exceptional circumstances.
Cases awarded under the Minimal Asset Process (MAP) route should not by definition pay out a dividend, therefore there is no requirement to send a claim form or proof of debt. If however, circumstances change and a MAP case converts to full administration (where contributions will be taken from the debtor, to pay creditors) you will be invited to submit a claim form and provide proof of debt.
When completing the claim form you should ensure all sections are fully completed as incomplete forms will result in your claim being rejected. When returning the claim form you should enclose documentary evidence to support your claim. Any claim not supported by documentary evidence will be rejected. The types of evidence accepted include:
- Court decrees
- Charge for payment
- Computer data prints
- A loan to family members/friends must be supported by a document notarised by a solicitor
You should ensure that the evidence shows the amount owed prior to or as at the date of bankruptcy. If the documentary evidence is dated later than the date of bankruptcy your claim could be rejected.