Please review new Director’s Form 4100S, Supplemental Proof of Claim for CARES Forbearance Claims, approved by the Advisory Committee on Bankruptcy Rules effective February 5, 2021.
Director’s Form 4100S addresses Section 1001(d) of Title X of the Consolidated Appropriations Act (CAA), which creates a new section 501(f) of the Bankruptcy Code. This new section permits an "eligible creditor" to file a supplemental proof of claim for a CARES Act forbearance claim in a Chapter 13 case. This new Supplemental Proof of Claim addressing the forbearance can be filed even if the claim’s bar date has passed. The CAA amendments sunset on December 27, 2021, one year after the CAA was enacted, and the Form 4100S will also be retired after that date.
A new CM/ECF event (Supplemental Proof of Claim for CARES Forbearance Claims) has been created to assist with the implementation of Director’s Form 4100S. The form is located under Bankruptcy > Claim Actions > Supplemental Proof of Claim for CARES Forbearance Claim. When filed, the event will require linkage to an existing claim on the claims register and will display on both the court docket and claims register.
M. Regina Thomas
Clerk of Court