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4.12 Transfers/Assignments of Claims

FRBP 3001
TNMB Website – ECF Docketing Transfer of Claim

The Transfer of Claims process is governed by paragraph (e) of Rule 3001 of the Federal Rules of Bankruptcy Procedure, as follows:
- (e)(1) is for transferring claims for other than security before the original claim is filed with the Court (file a claim, not a transfer).
- (e)(2) covers transferring claims for other than security (the most common).
- (e)(3) is for transferring claims for security before an original claim is filed (file a claim, not a transfer).
- (e)(4) covers transferring claims for security after the original claim is filed and
- (e)(5) contains provisions for objections and hearings on objections.

4.12.1 Procedures for Transferring/Assigning a Claim
The Transferee should take the following steps:
• Ensure the claim being transferred appears on the Claims Register for the case. If the claim does not appear, file a claim (not a transfer) after the transfer is consummated under non-bankruptcy law, per Rule 3001(e)(1) or (3).
• In CM/ECF, select Bankruptcy > Claims > Claims Actions > [enter case number] > Transfer of Claim.
• If registered in CM/ECF as a “Creditor,” skip the “Select any additional attorney(s)” screen by selecting the Next button.
• Select or Add/Create the party you represent. Ensure you select “Creditor” for “Role.”
• Attach your Assignment of Claim.
• Select the appropriate sub-paragraph of Rule 3001 governing the transfer. (See above and the rule for clarification.)
• Complete the text box information for Claim #(s), Transferor’s name, and Transferee’s name, and verify the docket text for your filing.

Important note: Prior to completing the docketing process, make sure the CM/ECF text box information matches the .pdf document(s) attached to the entry. The Clerk must use the CM/ECF data contained in the docket entry to send out the transfer notice. If the CM/ECF docket text does not match the underlying document(s), the Notice of Transfer of Claim by the Clerk cannot be processed.

If your transfer documents include a Waiver of Notice from the Transferor, the Transferee will be substituted as the Claimant in the claims register. Absent a waiver, the Clerk will serve notice of this proposed transfer to the Transferor. If no objections are filed within 21 days, the Transferee will then be substituted as the Claimant in the claims register for the case.