Official Form 410 - Instructions for Proof of Claim
<br />United States Bankruptcy Court
<br />These instructions and definitions generally explain the law. In certain circumstances, such as bankruptcy cases that debtors do not file
<br />voluntarily, exceptions to these general rules may apply. You should consider obtaining the advice of an attorney, especially if you are
<br />unfamiliar with the bankruptcy process and privacy regulations.
<br />A person who files a fraudulent claim could be fined up to $500,000 imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157 and 3571
<br />How to fill out this form
<br />■ Fill in all of the information about the claim as of the date the
<br />case was filed.
<br />■ Fill in the caption at the top of the form. The full list of debtors
<br />is provided under the general information section on the Claims
<br />Agent's website: http://dm.epigll.com/rhino.
<br />■ If the claim has been acquired from someone else, then state
<br />the identity of the last party who owned the claim or was the
<br />holder of the claim and who transferred it to you before the
<br />initial claim was filed.
<br />■ Attach any supporting documents to this form. Attach redacted
<br />copies of any documents that show that the debt exists, a lien
<br />secures the debt, or both. (See the definition of redaction
<br />below.)
<br />Also attach redacted copies of any documents that show
<br />perfection of any security interest or any assignments or
<br />transfers of the debt. In addition to the documents, a summary
<br />may be added. Federal Rule of Bankruptcy Procedure (called
<br />"Bankruptcy Rule") 3001(c) and (d).
<br />■ Do not attach original documents because attachments may be
<br />destroyed after scanning.
<br />■ If the claim is based on delivering health care goods or services,
<br />do not disclose confidential health care information. Leave out
<br />or redact confidential information both in the claim and in the
<br />attached documents.
<br />■ A Proof of Claim form and any attached documents must show
<br />only the last 4 digits of any social security number, individual's
<br />tax identification number, or financial account number, and
<br />only the year of any person's date of birth. See Bankruptcy
<br />Rule 9037.
<br />■ For a minor child, fill in only the child's initials and the full
<br />name and address of the child's parent or guardian. For
<br />example, write A.B., a minor child (John Doe, parent, 123 Main
<br />St, City, State). See Bankruptcy Rule 9037.
<br />Confirmation that the claim has been filed
<br />To receive confirmation that the claim has been filed, either enclose a
<br />stamped self-addressed envelope and a copy of this form or you may
<br />access the Claims Agent's website (http://dm.epigll.com/rhino) to
<br />view your filed form under "Claims."
<br />Where to Send Proof of Claim Form
<br />First Class Mail:
<br />Hopedale Mining LLC Claims Processing Center
<br />c/o Epiq Corporate Restructuring, LLC
<br />PO Box 4421
<br />Beaverton, OR 97076-4421
<br />Hand Delivery or Overnight Mail:
<br />Hopedale Mining LLC Claims Processing Center
<br />c/o Epiq Corporate Restructuring, LLC
<br />10300 SW Allen Blvd
<br />Beaverton, OR 97005
<br />Understand the terms used in this form
<br />Administrative expense: Generally, an expense that arises after a bankruptcy case is
<br />filed in connection with operating, liquidating, or distributing the bankruptcy estate. 11
<br />U.S.C. § 503.
<br />Claim: A creditor's right to receive payment for a debt that the debtor owed on the date
<br />the debtor filed for bankruptcy. 11 U.S.C. §101(5). A claim may be secured or
<br />unsecured.
<br />Creditor: A person, corporation, or other entity to whom a debtor owes a debt that was
<br />incurred on or before the date the debtor filed for bankruptcy. 11 U.S.C. §101(10).
<br />Debtor: A person, corporation, or other entity who is in bankruptcy. Use the debtor's
<br />name and case number as shown in the bankruptcy notice you received. 11 U.S.C. § 101
<br />(13).
<br />Evidence of perfection: Evidence of perfection of a security interest may include
<br />documents showing that a security interest has been filed or recorded, such as a
<br />mortgage, lien, certificate of title, or financing statement.
<br />Information that is entitled to privacy: A ProofofClaim form and any attached
<br />documents must show only the last 4 digits of any social security number, an individual's
<br />tax identification number, or a financial account number, only the initials of a minor's
<br />name, and only the year of any person's date of birth. If a claim is based on delivering
<br />health care goods or services, limit the disclosure of the goods or services to avoid
<br />embarrassment or disclosure of confidential health care information. You may later be
<br />required to give more information if the trustee or someone else in interest objects to
<br />the claim.
<br />Priority claim: A claim within a category of unsecured claims that is entitled to priority
<br />under 11 U.S.C. §507(a). These claims are paid from the available money or property in a
<br />bankruptcy case before other unsecured claims are paid. Common priority unsecured
<br />claims include alimony, child support, taxes, and certain unpaid wages.
<br />Proof of claim: A form that shows the amount of debt the debtor owed to a creditor on
<br />the date of the bankruptcy filing. The form must be filed in the district where the case is
<br />pending.
<br />Redaction of information: Masking, editing out, or deleting certain information to
<br />protect privacy. Filers must redact or leave out information entitled to privacy on the
<br />Proof of Claim form and any attached documents.
<br />Secured claim under 11 U.S.C. §506(a): A claim backed by a lien on particular property of
<br />the debtor. A claim is secured to the extent that a creditor has the right to be paid from
<br />the property before other creditors are paid. The amount of a secured claim usually
<br />cannot be more than the value of the particular property on which the creditor has a
<br />lien. Any amount owed to a creditor that is more than the value of the property normally
<br />may be an unsecured claim. But exceptions exist; for example, see 11 U.S.C. § 1322(b)
<br />and the final sentence of 1325(a).
<br />Examples of liens on property include a mortgage on real estate or a security interest in a
<br />car. A lien may be voluntarily granted by a debtor or may be obtained through a court
<br />proceeding. In some states, a court judgment may be a lien.
<br />Setoff: Occurs when a creditor pays itself with money belonging to the debtor that it is
<br />holding, or by canceling a debt it owes to the debtor.
<br />Uniform claim identifier: An optional 24-character identifier that some creditors use to
<br />facilitate electronic payment.
<br />Unsecured claim: A claim that does not meet the requirements of a secured claim. A
<br />claim may be unsecured in part to the extent that the amount of the claim is more than
<br />the value of the property on which a creditor has a lien.
<br />Offers to purchase a claim
<br />Certain entities purchase claims for an amount that is less than the face value of the
<br />claims. These entities may contact creditors offering to purchase their claims. Some
<br />written communications from these entities may easily be confused with official court
<br />documentation or communications from the debtor. These entities do not represent the
<br />bankruptcy court, the bankruptcy trustee, or the debtor. A creditor has no obligation to
<br />sell its claim. However, if a creditor decides to sell its claim, any transfer of that claim is
<br />subject to Bankruptcy Rule 3001(e), any provisions of the Bankruptcy Code (11 U.S.C. §
<br />101 et seq.) that apply, and any orders of the bankruptcy court that apply.
<br />Do not file these instructions with your form.
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