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Creditors Take Heed

By John H. Bae and George Pagano

The United States Court of Appeals for the Third Circuit in Hefta v. Official Comm. of Unsecured Creditors (In re Am. Classic Voyages Co.), 405 F.3d 127 (3d Cir. 2005), recently addressed the issue of whether informal proofs of claim may satisfy a creditor's obligation to file a proof of claim under Rules 3001 and 5005 of the Federal Rules of Bankruptcy Procedure. The court held that a letter sent by the creditor's attorney to the debtor's claims agent stating that the creditor had sustained a workplace injury and had a claim against the debtor did not qualify as a proof of claim to satisfy Bankruptcy Rules 3001 and 5005. The court held that the bankruptcy court properly denied the employee's motion for relief from the automatic stay to prosecute his claim and the motion to file a late claim.

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