TRANSFER/ASSIGNMENT OF CLAIM
- Scope of Rule. This Local Rule applies to the transfer or assignment of any claim or interest filed pursuant to Bankruptcy Rules 3001, 3002, or 3003, or Local Rules 3002-1 or 3002.1-1. Nothing in this Local Rule shall be construed as an extension of any time limit for filing a Proof of Claim or Interest.
- Required Form and Content. Transfers or assignments of claim pursuant to Bankruptcy Rule 3001(e)(2) shall be filed using the Transfer of Claim Other Than For Security form, available at www.flnb.uscourts.gov, or a form that substantially conforms to it. The transfer of claim form shall be accompanied by the appropriate fee and shall include at minimum the following evidence of the transfer:
- The name and address of the transferee (person or entity that purchased or otherwise acquired the claim);
- The name and address of the transferor (person or entity that sold or otherwise relinquished the claim);
- The amount of the claim;
- The date the claim was filed;
- An actual or electronic signature(s) of the transferee; and,
- A reference to the claim number for the claim to be transferred.
Note: When the transfer or assignment of claim is filed in CM/ECF on the main case docket, the filing event should also reference the claim number of the claim to be transferred so that information will appear on the claim register.
- Service and Notice Requirement.
- Any person or entity filing a Transfer of Claim or Assignment of Claim pursuant to Bankruptcy Rule 3001(e)(2) shall immediately serve upon the transferor, the trustee and the debtor or debtor’s attorney, if any, a copy of the Transfer of Claim Other Than For Security, form available at www.flnb.uscourts.gov, and supporting evidence of the transfer.
- At the same time of service as required in subdivision (C)(1), the person or entity shall also immediately serve upon the transferor, the trustee and the debtor or debtor’s attorney, if any, a Notice of Transfer of Claim Other Than For Security, form available at www.flnb.uscourts.gov.
- Objection and Hearing.
(1) Any party objecting to the Transfer of Claim or Assignment of Claim shall file an objection no more than twenty-one (21) days from the filing of the Notice of Transfer of Claim. A timely objection will be set for hearing.
(2) Failure to timely object will result in the transferee being substituted for the transferor as the holder of the claim without further notice or hearing.
Advisory Committee Notes
The amended rule includes both stylistic and substantive changes. The rule has been renumbered from Local Rule 3001-2 to 3001-1. The format of subdivisions is changed to maintain a consistent style across all rules. Subdivision (A) is amended to add a reference to Local Rule 3002.1-1.
Subdivisions (B) and (C) have been amended to (1) clarify that both individuals and entities are affected by the rule equally, and (2) replace references to a specific bankruptcy form number and notice format with a reference to a specific named form on the Court’s website. Subdivision (E) providing an alternative to standard notice is eliminated to ensure a consistent format for notice to interested parties.