Proof of Claim Deadline: Monday 27 April 2009

Reminder: You must file your Proof of Claim by end of business Monday, April 27, 2009!

See Proof of Claim Filing Instructions for more information on how to prepare your proof of claim.


9 Responses to “Proof of Claim Deadline: Monday 27 April 2009”

  1. 1 Derner 24 April 2009 at 12:19 pm

    Just so I’m clear on this…

    If we don’t file the proof of claim, are we basically passing up the chance to get any award at all?

    Some people I’ve talked to seem to think that by filing a proof of claim we are saying that we accept the amount listed in the spreadsheet, and we give up on any WARN Act or other money we may feel we are owed. Those people are not filing anything.

    I haven’t filed yet, and I just don’t know what to do at this point.

  2. 2 Thomas MacEntee 24 April 2009 at 12:24 pm

    There are several things going on her:

    1. Yes, you could not file a proof of claim and just accept what Heller has stated in its creditor lists (original and supplemental). I do not think the amounts are very accurate for many ex-Hellerites.

    2. You could still not file a proof of claim and rely upon the general proof of claim that Blum Collins filed for the class. No word yet on whether the court will accept this proof of claim. If it is accepted, you will either need to sign a retainer agreement with Blum Collins or you will need to decide during the class certification period whether or not to “opt out.” “Opt out” means you will go your own way and rely upon your own proof of claim or other filings.

    3. You could file a proof of claim by Monday, April 27, 2009 especially if there are monies to which you feel you are entitled but are not listed on Heller’s schedules. For that you would file the proof of claim instructions link and use the proof of claim spreadsheet.

    That’s the way I see it.


  3. 3 anon2 24 April 2009 at 12:33 pm


    If I was you, I would go ahead and file a proof of claim just to preserve it. We will all worry about the other details as time goes on, but at least you will have preserved your authority to claim money owed to you.

    Just my two cents.

  4. 4 Former Associate 24 April 2009 at 12:37 pm

    “Some people I’ve talked to seem to think that by filing a proof of claim we are saying that we accept the amount listed in the spreadsheet, and we give up on any WARN Act or other money we may feel we are owed. Those people are not filing anything.”

    I think those people are exactly wrong. By filing a proof of claim you are saying that you DISAGREE with the spreadsheet. If you file nothing, I think you will only get what’s on the spreadsheet, and nothing more (like WARN, waiting time penalties, etc.). Therefore, everyone should file a proof of claim claiming everything they think they’re entitled to.

  5. 5 Observer 24 April 2009 at 2:27 pm

    If you don’t file a proof of claim, you get what Heller has put in its schedules for you as your claim. If that is zero (and for some people it is), then you have no claim.

    If you seek more than what Heller has scheduled, you must file a proof of claim — either on your own, or as part of the Blum Collins process. Safest is to file your own claim, to hold your place in the process.

  6. 6 Observer 24 April 2009 at 2:29 pm

    I think this has been made clear in HD’s earlier discussions, but your proof of claim must be RECEIVED in the Bankruptcy Court clerk’s office by close of business on Monday. Having it in the mail by then will not be good enough.

  7. 7 Mr. Jones 28 April 2009 at 12:27 pm

    Damn, I put my amended claim in the mail yesterday. Since my original claim was already entered, can it be amended, or will they just toss it out?

  8. 8 Observer 28 April 2009 at 6:20 pm

    Mr.Jones, if you had an original claim on file before yesterday, your amended claim mailed yesterday should be fine.

  9. 9 Mr. Jones 29 April 2009 at 8:13 am

    Whew! Thanks, Observer, for putting my mind at ease.

Comments are currently closed.

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