B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938617
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 1
ERSTE GROUP BANK AG
GRABEN 21
WIEN, A-1010
AUSTRIA
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶33¨
1060348100402123849000513
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938634
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 2
SAFT POWER SYSTEMS INC
2680 14TH AVE UNIT 1 & 2
MARKHAM, ONTARIO L3R5B2
CANADA
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶0!¨
1060348100402123849000530
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938642
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 3
FIRST TRUST/HIGHLAND CAPITAL
SENIOR LOAN TRUST
330 BAY ST STE 1300
TORONTO, ON M5H 2S8
CANADA
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶8*¨
1060348100402123849000538
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938613
DUANE STREET CLO 1 LTD
C O MAPLES FINANCE LIMITED
PO BOX 1093
GT QUEENSGATE HOUSE S CHURCH ST
GEORGE TOWN
GRAND CAYMAN,
CAYMAN ISLANDS
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 4
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆR¶9{¨
1060348100402123849000509
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938614
DUANE STREET CLO II LTD
C O MAPLES FINANCE LIMITED
PO BOX 1093
GT QUEENSGATE HOUSE S CHURCH ST
GEORGE TOWN
GRAND CAYMAN,
CAYMAN ISLANDS
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 5
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶0p¨
1060348100402123849000510
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938615
DUANE STREET CLO III LTD
C O MAPLES FINANCE LIMITED
PO BOX 1093
GT QUEENSGATE HOUSE S CHURCH ST
GEORGE TOWN
GRAND CAYMAN,
CAYMAN ISLANDS
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 6
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶1~¨
1060348100402123849000511
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938616
DUANE STREET CLO IV, LTD
C O MAPLES FINANCE LIMITED
PO BOX 1093
GT QUEENSGATE HOUSE S CHURCH ST
GEORGE TOWN
GRAND CAYMAN,
CAYMAN ISLANDS
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 7
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶2%¨
1060348100402123849000512
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938380
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 8
LLCP LOAN FUNDING 2007
IFSC HOUSE
CUSTOM HOUSE QUAY
DUBLIN 1,
IRELAND
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tpÆ<¶4e¨
1060348100402123848000284
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938139
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 9
BANCO ESPIRITO SANTO, S A
AV DA LIBERDADE 195
LISBON, 1250-142
PORTUGAL
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tfÆ$¶3o¨
1060348100402123847000043
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938204
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 10
CREDIT SUISSE INTERNATIONAL
ONE CABOT SQ
LONDON, E14 4QJ
UK
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tfÆ*¶8/¨
1060348100402123847000108
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938375
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 11
LIBERTYVIEW LOAN FUND LLC
C O BARCLAYS BANK PLC
1 CHURCHILL PL
LONDON, E14 5HP
UK
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tpÆ;¶98¨
1060348100402123848000279
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938560
TRUST D FOR A PORTION OF THE
KODAK RETIREMENT INCOME PLAN
KODAK LIMITED
HEMEL ONE BOUNDARY WAY
HEMEL HEMPSTEAD, HERTS HP2 7YU
UK
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 12
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆN¶4l¨
1060348100402123849000464
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938168
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 13
C V I G V F LUX MASTER S A R L
C O CARVAL INVESTORS UK LIMITED
KNOWLE HILL PARK FAIRMILE LN
COBHAM, SURREY KT11 2PD
UK
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tfÆ'¶2ߨ
1060348100402123847000072
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938678
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 14
PIONEER FLOATING RATE TRUST
30 DAN RD
CANTON, MA 02021-2809
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆY¶4"¨
1060348100402123849000574
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938679
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 15
PIONEER FLOATING RATE TRUST
60 STATE ST
BOSTON, MA 02109-1820
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆY¶50¨
1060348100402123849000575
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938650
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 16
HIGHLAND FLOATING RATE
ADVANTAGE FUND
C O PNCGIS
101 SABIN ST
PAWTUCKET, RI 02860
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶6£¨
1060348100402123849000546
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938652
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 17
HIGHLAND FLOATING RATE FUND
C O PNCGIS
101 SABIN ST
PAWTUCKET, RI 02860
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶86¨
1060348100402123849000548
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938611
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 18
WESTCHESTER CLO, LTD
C O PFPC
101 SABIN ST
PAWTUCKET, RI 02860
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆR¶7_¨
1060348100402123849000507
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938612
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 19
WESTCHESTER CLO, LTD
C O PFPC
PO BOX 9840
PROVIDENCE, RI 02940
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆR¶8m¨
1060348100402123849000508
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938653
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 20
HIGHLAND FLOATING RATE FUND
C O PNCGIS
PO BOX 9840
PROVIDENCE, RI 02940
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶9D¨
1060348100402123849000549
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938651
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 21
HIGHLAND FLOATING RATE
ADVANTAGE FUND
C O PNCGIS
PO BOX 9840
PROVIDENCE, RI 02940
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶7(¨
1060348100402123849000547
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938628
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 22
CIT CAPITAL USA INC
1 CIT DR
LIVINGSTON, NJ 07039
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶4M¨
1060348100402123849000524
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938646
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 23
GATEWAY CLO LTD
TWO GATEWAY CTR 4TH FL
NEWARK, NJ 07102-5096
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶2I¨
1060348100402123849000542
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938648
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 24
GRAND HORN CLO LTD
10 MOUNTAINVIEW RD C 200
UPPER SADDLE RIVER, NJ 07458
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶4e¨
1060348100402123849000544
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938664
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 25
MOUNTAIN VIEW CLO II LTD
10 MOUNTAINVIEW RD C 200
UPPER SADDLE RIVER, NJ 07458
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶0E¨
1060348100402123849000560
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938665
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 26
MOUNTAIN VIEW CLO III LTD
10 MOUNTAINVIEW RD C 200
UPPER SADDLE RIVER, NJ 07458
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶1S¨
1060348100402123849000561
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938666
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 27
MOUNTAIN VIEW FUNDING CLO 2006 1
LTD
10 MOUNTAINVIEW RD C 200
UPPER SADDLE RIVER, NJ 07458
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶2a¨
1060348100402123849000562
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938618
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 28
EXPRESS SYSTEMS & PERIPHERALS
640 HERMAN RD STE 5
JACKSON, NJ 08527-3068
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶4A¨
1060348100402123849000514
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938669
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 29
NYLIM FLATIRON CLO 2003 1 LTD
51 MADISON AVE
NEW YORK, NY 10010
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶5$¨
1060348100402123849000565
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938670
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 30
NYLIM FLATIRON CLO 2004 1 LTD
51 MADISON AVE
NEW YORK, NY 10010
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶62¨
1060348100402123849000566
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938671
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 31
NYLIM FLATIRON CLO 2005 1 LTD
51 MADISON AVE
NEW YORK, NY 10010
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶7@¨
1060348100402123849000567
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938672
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 32
NYLIM FLATIRON CLO 2006 1 LTD
51 MADISON AVE
NEW YORK, NY 10010
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶8N¨
1060348100402123849000568
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938662
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 33
MAINSTAY VP FLOATING RATE PORTFOLIO
C O NEW YORK LIFE INSURANCE COMPANY
51 MADISON AVE
A SERIES OF MAINSTAY VP SERIES FUND
NEW YORK, NY 10010
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶8B¨
1060348100402123849000558
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938630
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 34
CREDIT SUISSE LOAN FUNDING LLC
ELEVEN MADISON AVE
NEW YORK, NY 10010-3629
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶6i¨
1060348100402123849000526
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938629
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 35
CIT MIDDLE MARKET LOAN TRUST III
505 FIFTH AVE
NEW YORK CITY, NY 10017
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶5[¨
1060348100402123849000525
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938659
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 36
LUMINUS CREDIT I LLC
1700 BROADWAY FL 38
NEW YORK, NY 10019-5905
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶5°¨
1060348100402123849000555
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938660
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 37
LUMINUS CREDIT II LLC
1700 BROADWAY FL 38
NEW YORK, NY 10019-5905
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶6&¨
1060348100402123849000556
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938661
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 38
LUMINUS RELATED I LLC
1700 BROADWAY FL 38
NEW YORK, NY 10019-5905
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶74¨
1060348100402123849000557
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938644
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 39
FORTRESS PARTNERS FUND LP
1301 AVE OF THE AMERICAS
NEW YORK CITY, NY 10019-6022
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶0-¨
1060348100402123849000540
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938635
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 40
SATELLITE LEVERAGED CREDIT
OPPORTUNITIES FUND LTD
623 FIFTH AVE 19TH FL
NEW YORK, NY 10022
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶1/¨
1060348100402123849000531
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938636
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 41
SATELLITE SENIOR INCOME FUND II LLC
623 FIFTH AVE 19TH FL
NEW YORK, NY 10022
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶2=¨
1060348100402123849000532
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938637
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 42
SATELLITE SENIOR INCOME FUND LLC
623 FIFTH AVE 19TH FL
NEW YORK, NY 10022
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶3K¨
1060348100402123849000533
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938673
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 43
ONE EAST LIQUIDITY MASTER, LP
1 E 57TH ST 10TH FL
NEW YORK, NY 10022
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶9\¨
1060348100402123849000569
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938674
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 44
ONE EAST PARTNERS MASTER, LP
1 E 57TH ST 10TH FL
NEW YORK, NY 10022
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆY¶0Q¨
1060348100402123849000570
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938641
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 45
VENOR CAPITAL MASTER FUND LTD
7 TIMES SQ STE 3505
NEW YORK, NY 10036-6504
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶7•¨
1060348100402123849000537
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938638
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 46
SILVER OAK CAPITAL LLC
C O ANGELO GORDON & CO
245 PARK AVE
NEW YORK, NY 10167
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶4Y¨
1060348100402123849000534
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938649
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 47
HARBOURVIEW CLO 2006 1
2 WORLD FINANCIAL CTR
NEW YORK CITY, NY 10281-1008
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶5s¨
1060348100402123849000545
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938624
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 48
AUMA ACTUATORS INC
PO BOX 643373
PITTSBURGH, PA 15264
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶0|¨
1060348100402123849000520
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938631
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 49
CUSTOMIZED ENERGY SOLUTIONS
THE ROBERT MORRIS BUILDING
100 N 17TH ST 14TH FL
PHILADELPHIA, PA 19103-2766
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶7w¨
1060348100402123849000527
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938620
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 50
ABERDEEN LOAN FUNDING LTD
5 TOWER BRG
CONSHOSHOCKEN, PA 19428
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶6]¨
1060348100402123849000516
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938647
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 51
GENESIS CLO 2007 2 LTD
919 N MARKET ST STE 700
WILMINGTON, DE 19801
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶3W¨
1060348100402123849000543
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938619
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 52
ABERDEEN LOAN FUNDING LTD
333 SANDY SPRINGS CIR NE
ATLANTA, GA 30328-3897
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶5O¨
1060348100402123849000515
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938645
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 53
FPL ENERGY LLC
PO BOX 025576
MIAMI, FL 33102
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆV¶1;¨
1060348100402123849000541
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938625
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 54
BECKWITH ELECTRIC COMPANY INC
PO BOX 276
PINELLAS PARK, FL 33780
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶1#¨
1060348100402123849000521
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938621
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 55
AMMC CLO III LIMITED
1 E 4TH ST STE 2
CINCINNATI, OH 45202-3715
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶7k¨
1060348100402123849000517
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938622
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 56
AMMC CLO IV LIMITED
1 E 4TH ST STE 2
CINCINNATI, OH 45202-3715
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶8y¨
1060348100402123849000518
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938623
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 57
AMMC CLO V LTD
1 E 4TH ST STE 2
CINCINNATI, OH 45202-3715
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆS¶9ƨ
1060348100402123849000519
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938655
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 58
INTECHRA LLC
PO BOX 635498
CINCINNATI, OH 45263--498
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶1G¨
1060348100402123849000551
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938643
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 59
FORTRESS PARTNERS CLO LP
700 WALNUT RIDGE DR NO 200
HARTLAND, WI 53029-8892
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶98¨
1060348100402123849000539
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938627
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 60
C V I G V F LUX MASTER S A R L
12700 WHITEWATER DR MS 144
MINNETONKA, MN 55343-9439
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶3?¨
1060348100402123849000523
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938632
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 61
CVI GVF LUX MASTER SARL
12700 WHITEWATER DR MS 144
MINNETONKA, MN 55343-9439
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶8ߨ
1060348100402123849000528
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938657
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 62
LESMAN INSTRUMENT COMPANY
2226 PAYSPHERE CIR
CHICAGO, IL 60674
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶3c¨
1060348100402123849000553
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938626
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 63
BERTREM PRODUCTS, INC
2205 N WILLOW STE A
BROKEN ARROW, OK 74012
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶21¨
1060348100402123849000522
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938667
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 64
NATIONAL SWITCHGEAR SYSTEMS, INC
649 FRANKLIN ST
LEWISVILLE, TX 75057
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶3o¨
1060348100402123849000563
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938658
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 65
LNV CORPORATION
15770 DALLAS PKWY
DALLAS, TX 75248-3329
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶4q¨
1060348100402123849000554
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938656
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 66
INTERNATIONAL BUSINESS MACHINES
CORPORATION
PO BOX 676673
DALLAS, TX 75267-6673
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶2U¨
1060348100402123849000552
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938633
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 67
RED RIVER CLO, LTD
2008 HEATHER WAY DR
ARLINGTON, TX 76012-2231
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆT¶9,¨
1060348100402123849000529
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938668
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 68
NU4 U UPHOLSTERY
127 CR 1774
CLIFTON, TX 76634
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆX¶4}¨
1060348100402123849000564
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938663
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 69
MAX GRIGSBY CO INC DBA MGC INC
9303 W SAM HOUSTON PKWY SOUTH
HOUSTON, TX 77099
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶9P¨
1060348100402123849000559
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938640
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 70
STRUCTURAL DESIGN & DETAILING, INC
3023 B HWY 290 WEST
DRIPPING SPRINGS, TX 78620
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶6u¨
1060348100402123849000536
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938675
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 71
OPPENHEIMER MASTER LOAN FUND LLC
12100 E ILIFF AVE STE 300
AURORA, CO 80014
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆY¶1_¨
1060348100402123849000571
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938676
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 72
OPPENHEIMER SENIOR FLOATING RATE
FUND
12100 E ILIFF AVE STE 300
AURORA, CO 80014
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆY¶2m¨
1060348100402123849000572
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938654
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 73
HORIBA INSTRUMENTS INC
PO BOX 51 2936
LOS ANGELES, CA 90051-0936
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆW¶09¨
1060348100402123849000550
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938677
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 74
PACIFIC SELECT FUND FLOATING RATE
LOAN PORTFOLIO
700 NEWPORT CTR DR
NEWPORT BEACH, CA 92660-6397
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆY¶3{¨
1060348100402123849000573
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938639
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 75
SILVERADO CLO 2006 II LTD
525 MARKET ST 10TH FL
SAN FRANCISCO, CA 94105
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆU¶5g¨
1060348100402123849000535
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938506
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 76
SOHRE TURBOMACHINERY INC
128 MAIN STREET
PO BOX 1099
MONSON, MA 01057-1099
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tpÆI¶0b¨
1060348100402123848000410
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938479
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 77
RW BECK
550 COCHITUATE RD 4TH FL WEST WING
FRAMINGHAM, MA 01701-4654
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tpÆF¶3h¨
1060348100402123848000383
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938586
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 78
WATSON MARLOW, INC
37 UPTON TECHNOLOGY PARK
WILMINGTON, MA 01887
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆQ¶0X¨
1060348100402123849000490
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938317
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 79
HEAT EXCHANGER SYSTEMS, INC
86 FINNELL DR
WEYMOUTH, MA 02188
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tfÆ6¶1]¨
1060348100402123847000221
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938189
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 80
CLYDE BERGEMANN BACHMANN, INC
PO BOX 2150
AUBURN, ME 04211-2150
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tfÆ)¶3D¨
1060348100402123847000093
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938333
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 81
INDUSTRIAL PACKING INC
PO BOX N 413 RIVER RD
BUCKSPORT, ME 04416
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tfÆ7¶7V¨
1060348100402123847000237
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in this case by visiting the Claims and Noticing
Agent’s website http://www.kccllc.net/BosquePower.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims
for an amount less than the face value of the claims.
One or more of these entities may contact the creditor
and offer to purchase the claim. Some of the written
communications from these entities may easily be
confused with official court documentation or
communications from the debtor. These entities do not
represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if
the creditor decides to sell its claim, any transfer of such
claim is subject to FRBP 3001(e), any applicable
provisions of the Bankruptcy Code (11 U.S.C. § 101 et
seq.), and any applicable orders of the bankruptcy court.
B 10 (Modified Form 10 ) (12/09)
UNITED STATES BANKRUPTCY COURT – WESTERN DISTRICT OF TEXAS, WACO DIVISION
PROOF OF CLAIM
Indicate the Debtor against which you assert a claim by checking the appropriate box below. (Check only one Debtor per claim form.)
ჱ Bosque Power Company, LLC (Case No. 10-60348)
ჱ BosPower Development Blocker II Inc. (Case No. 10-60351)
ჱ BosPower Development LLC (Case No. 10-60349
ჱ BosPower Partners LLC (Case No. 10-60352)
ჱ BosPower Development Blocker I Inc. (Case No. 10-60350)
ჱ Fulcrum Marketing and Trade LLC (Case No. 10-60353)
NOTE: This form should not be used to make a claim for administrative expenses arising after the commencement of the case. A request for payment of an administrative expense may be filed
pursuant to 11 U.S.C. § 503(a).
Name of Creditor (the person or other entity to whom the debtor owes money or property):
Name and address where notices should be sent:
Name ID: 8938590
Check this box to indicate that this claim
amends a previously filed claim.
Court Claim Number:___________
(If known)
Pack No. 82
WEIDMANN DIAGNOSTIC SOLUTIONS
INC
PO BOX 1376
WILLISTON, VT 05495
Filed on:________________
Telephone number:
Name and address where payment should be sent (if different from above):
1. Amount of Claim as of Date Case Filed:
Check this box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
Check this box if you are the debtor or
trustee in this case.
5. Amount of Claim Entitled to Priority
under 11 U.S.C. § 507(a). If any portion
of your claim falls in one of the
following categories, check the box and
state the amount.
$__________________________
If all or part of your claim is secured, complete item 4 below; however, if all of your claim is unsecured, do not complete item 4.
If all or part of your claim is entitled to priority, complete item 5.
If all or part of your claim is entitled to administrative priority under 11 U.S.C. § 503(b)(9), complete item 6.
Check this box if claim includes interest or other charges in addition to the principal amount of claim. Attach itemized
statement of interest or charges.
2. Basis for Claim:____________________________
(See instruction #2 on reverse side.)
3. Last four digits of any number by which creditor identifies debtor:_____________________
3a.
Debtor may have scheduled account as:____________________ (See instruction #3a on reverse side.)
4. Secured Claim (See instruction #4 on reverse side.)
Check the appropriate box if your claim is secured by a lien on property or a right of setoff and provide the requested
information.
Nature of property or right of setoff: Real Estate
Motor Vehicle
Other
Describe:
Value of Property: $_____________ Annual Interest Rate ___%
Amount of arrearage and other charges as of time case filed included in secured claim,
if any: $______________
Basis for perfection:__________________
Amount of Secured Claim: $______________________ Amount Unsecured: $____________________
6.
7.
Credits: The amount of all payments on this claim has been credited for the purpose of making this proof of claim.
Documents: Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders,
invoices, itemized statements or running accounts, contracts, judgments, mortgages, and security agreements. You may also
attach a summary. Attach redacted copies of documents providing evidence of perfection of a security interest. You may also
attach a summary. (See definition of “redacted” on reverse side.)
DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.
If the documents are not available, please explain:
Specify the priority of the claim.
Domestic support obligations under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Wages, salaries, or commissions (up to
$10,950*) earned within 180 days before
filing of the bankruptcy petition or
cessation of the debtors business,
whichever is earlier — 11 U.S.C.
§ 507(a)(4).
Contributions to an employee benefit plan
— 11 U.S.C. § 507(a)(5).
Up to $2,425* of deposits toward purchase,
lease, or rental of property or services for
personal, family, or household use — 11
U.S.C. § 507(a)(7).
Taxes or penalties owed to governmental
units — 11 U.S.C. § 507(a)(8).
Other - Specify applicable paragraph of 11
U.S.C. § 507(a)(___).
Amount entitled to priority:
$_______________
*Amounts are subject to adjustment on 4/1/10
and every 3 years thereafter with respect to
cases commenced on or after the date of
adjustment
FOR COURT USE ONLY
Date:
____________________________________________________________________________________
Signature: the person filing this claim must sign it. Sign and print name and title, if any, of the creditor or other
person authorized to file this claim and state address and telephone number if different from the notice address
above. Attach copy of power of attorney, if any. Only original proofs of claim will be deemed acceptable for
purposes of claims administration.
Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.
´*\BqÆH57tzÆQ¶4)¨
1060348100402123849000494
B 10 (Modified Form 10) (12/09)- Cont.
INSTRUCTIONS FOR PROOF OF CLAIM FORM
The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor, there may be
exceptions to these general rules.
Items to be completed in Proof of Claim form
Court, Name of Debtor, and Case Number:
Fill in the federal judicial district where the bankruptcy case was filed (for example,
Central District of California), the bankruptcy debtor’s name, and the bankruptcy case
number. If the creditor received a notice of the case from the bankruptcy court, all of
this information is located at the top of the notice.
Creditor’s Name and Address:
Fill in the name of the person or entity asserting a claim and the name and address of
the person who should receive notices issued during the bankruptcy case. A separate
space is provided for the payment address if it differs from the notice address. The
creditor has a continuing obligation to keep the court informed of its current address.
See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).
1.
Amount of Claim as of Date Case Filed:
State the total amount owed to the creditor on the date of the Bankruptcy filing.
Follow the instructions concerning whether to complete items 4 and 5. Check the
box if interest or other charges are included in the claim.
2.
Basis for Claim:
State the type of debt or how it was incurred. Examples include goods sold,
money loaned, services performed, personal injury/wrongful death, car loan,
mortgage note, and credit card.
3.
Last Four Digits of Any Number by Which Creditor Identifies Debtor:
State only the last four digits of the debtor’s account or other number used by the
creditor to identify the debtor.
3a. Debtor May Have Scheduled Account As:
Use this space to report a change in the creditor’s name, a transferred claim, or any
other information that clarifies a difference between this proof of claim and the
claim as scheduled by the debtor.
4.
5.
Amount of Claim Entitled to Priority Under 11 U.S.C. § 507(a) .
If any portion of your claim falls in one or more of the listed categories, check the
appropriate box(es) and state the amount entitled to priority. (See DEFINITIONS,
below.) A claim may be partly priority and partly non-priority. For example, in
some of the categories, the law limits the amount entitled to priority.
6.
Credits:
An authorized signature on this proof of claim serves as an acknowledgement that
when calculating the amount of the claim, the creditor gave the debtor credit for
any payments received toward the debt.
7.
Documents:
Attach to this proof of claim form redacted copies documenting the existence of
the debt and of any lien securing the debt. You may also attach a summary. You
must also attach copies of documents that evidence perfection of any security
interest. You may also attach a summary. FRBP 3001(c) and (d). Do not send
original documents, as attachments may be destroyed after scanning.
Date and Signature:
The person filing this proof of claim must sign and date it. FRBP 9011. If the
claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local
rules specifying what constitutes a signature. Print the name and title, if any, of the
creditor or other person authorized to file this claim. State the filer’s address and
telephone number if it differs from the address given on the top of the form for
purposes of receiving notices. Attach a complete copy of any power of attorney.
Criminal penalties apply for making a false statement on a proof of claim.
Secured Claim.
Check the appropriate box and provide the requested information if the claim is
fully or partially secured. Skip this section if the claim is entirely unsecured. (See
DEFINITIONS, below.) State the type and the value of property that secures the
claim, attach copies of lien documentation, and state annual interest rate and the
amount past due on the claim as of the date of the bankruptcy filing.
_______DEFINITIONS_______
Debtor
A debtor is the person, corporation, or other entity that
has filed a bankruptcy case.
Creditor
A creditor is the person, corporation, or other entity
owed a debt by the debtor on the date of the bankruptcy
filing.
Claim
A claim is the creditor’s right to receive payment on a
debt that was owed by the debtor on the date of the
bankruptcy filing. See 11 U.S.C. § 101(5). A claim may
be secured or unsecured.
Proof of Claim
A proof of claim form is a form used by the creditor to
indicate the amount of the debt owed by the debtor on
the date of the bankruptcy filing. The creditor must file
the form with the clerk of the same bankruptcy court in
which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. § 506(a)
A secured claim is one backed by a lien on property of
the debtor. The claim is secured so long as the creditor
has the right to be paid from the property prior to other
creditors. The amount of the secured claim cannot
exceed the value of the property. Any amount owed to
the creditor in excess of the value of the property is an
unsecured claim. Examples of liens on property include
a mortgage on real estate or a security interest in a car.
A lien may be voluntarily granted by a debtor or may be
obtained through a court proceeding. In some states, a
court judgment is a lien. A claim also may be secured if
the creditor owes the debtor money (has a right to
setoff).
Unsecured Claim
An unsecured claim is one that does not meet the
requirements of a secured claim. A claim may be partly
unsecured if the amount of the claim exceeds the value
of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. § 507(a)
Priority claims are certain categories of unsecured claims
that are paid from the available money or property in a
bankruptcy case before other unsecured claims.
Redacted
A document has been redacted when the person filing it
has masked, edited out, or otherwise deleted, certain
information. A creditor should redact and use only the
last four digits of any social-security, individual’s taxidentification, or financial-account number, all but the
initials of a minor’s name and only the year of any
person’s date of birth.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien,
certificate of title, financing statement, or other
document showing that the lien has been filed or
recorded.
_______INFORMATION_______
Acknowledgement of Filing a Claim
To receive acknowledgment of your filing, you may
either enclose a stamped self-addressed envelope and a
copy of this proof of claim. You may view a list of filed
claims in th