Proof of Claim For SmileDirectClub, Inc. Chapter 11 Cases
Proof of Claim For SmileDirectClub, Inc. Chapter 11 Cases
Read the instructions at the end before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this
form to make a request for payment of an administrative expense (other than a claim entitled to priority under 11 U.S.C. § 503(b)(9)). Make such
a request according to 11 U.S.C. § 503.
Your filled-out form may be visible on a public website. Leave out or redact (black out) information that is entitled to privacy on this form or on any
attached documents. Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized
statements of running accounts, contracts, judgments, mortgages, and security agreements. Do not send original documents; they may be destroyed
after scanning. If the documents are not available, explain in an attachment.
A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.
Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received.
3. Where should notices Where should notices to the creditor be sent? Where should payments to the creditor be sent? (if
and payments to the different)
creditor be sent?
Federal Rule of _____________________________________________________ _____________________________________________________
Bankruptcy Procedure Name Name
(FRBP) 2002(g)
______________________________________________________ ______________________________________________________
Number Street Number Street
______________________________________________________ ______________________________________________________
City State ZIP Code City State ZIP Code
7. How much is the claim? $ . Does this amount include interest or other charges?
No
Yes. Attach statement itemizing interest, fees, expenses, or other
charges required by Bankruptcy Rule 3001(c)(2)(A).
8. What is the basis of the Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card.
claim?
Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c).
Limit disclosing information that is entitled to privacy, such as health care information.
Value of property: $
Amount of the claim that is unsecured: $ (The sum of the secured and unsecured
amounts should match the amount in line 7.)
A claim may be partly Domestic support obligations (including alimony and child support) under
priority and partly 11 U.S.C. § 507(a)(1)(A) or (a)(1)(B). $
nonpriority. For example,
in some categories, the Up to $3,350* of deposits toward purchase, lease, or rental of property or services for
law limits the amount personal, family, or household use. 11 U.S.C. § 507(a)(7). $
entitled to priority.
Wages, salaries, or commissions (up to $15,150*) earned within 180 days before the
bankruptcy petition is filed or the debtor’s business ends, whichever is earlier. $
11 U.S.C. § 507(a)(4).
Taxes or penalties owed to governmental units. 11 U.S.C. § 507(a)(8). $
* Amounts are subject to adjustment on 4/01/25 and every 3 years after that for cases begun on or after the date of adjustment.
Signature
Print the name of the person who is completing and signing this claim:
Name
First name Middle name Last name
Title
Company
Identify the corporate servicer as the company if the authorized agent is a servicer.
Address
Number Street
These instructions and definitions generally explain the law. In certain circumstances, such as bankruptcy cases that debtors do
not file voluntarily, exceptions to these general rules may apply. You should consider obtaining the advice of an attorney,
especially if you are unfamiliar with the bankruptcy process and privacy regulations.
Debtor: A person, corporation, or other entity who is in Unsecured claim: A claim that does not meet the requirements
bankruptcy. Use the debtor’s name and case number as shown of a secured claim. A claim may be unsecured in part to the
in the bankruptcy notice you received. 11 U.S.C. § 101 (13). extent that the amount of the claim is more than the value of the
property on which a creditor has a lien.
Evidence of perfection: Evidence of perfection of a security
interest may include documents showing that a security interest Offers to purchase a claim
has been filed or recorded, such as a mortgage, lien, certificate
Certain entities purchase claims for an amount that is less than
of title, or financing statement.
the face value of the claims. These entities may contact
Information that is entitled to privacy: A Proof of Claim form
creditors offering to purchase their claims. Some written
and any attached documents must show only the last 4 digits of communications from these entities may easily be confused
any social security number, an individual’s tax identification with official court documentation or communications from the
number, or a financial account number, only the initials of a debtor. These entities do not represent the bankruptcy court, the
minor’s name, and only the year of any person’s date of birth. If bankruptcy trustee, or the debtor. A creditor has no obligation
a claim is based on delivering health care goods or services, to sell its claim. However, if a creditor decides to sell its claim,
limit the disclosure of the goods or services to avoid any transfer of that claim is subject to Bankruptcy Rule
embarrassment or disclosure of confidential health care 3001(e), any provisions of the Bankruptcy Code (11 U.S.C. §
information. You may later be required to give more 101 et seq.) that apply, and any orders of the bankruptcy court
information if the trustee or someone else in interest objects to that apply.
the claim. Please send completed Proof(s) of Claim to:
Priority claim: A claim within a category of unsecured claims If by first class mail:
that is entitled to priority under 11 U.S.C. § 507(a). These SmileDirectClub, Inc. Claims Processing Center
claims are paid from the available money or property in a c/o Kroll Restructuring Administration LLC
bankruptcy case before other unsecured claims are paid. Grand Central Station, PO Box 4850
Common priority unsecured claims include alimony, child New York, NY 10163-4850
support, taxes, and certain unpaid wages.
Proof of claim: A form that shows the amount of debt the If by overnight courier or hand delivery:
debtor owed to a creditor on the date of the bankruptcy filing. SmileDirectClub, Inc. Claims Processing Center
The form must be filed in the district where the case is pending. c/o Kroll Restructuring Administration LLC
850 Third Avenue, Suite 412
Redaction of information: Masking, editing out, or deleting Brooklyn, NY 11232
certain information to protect privacy. Filers must redact or
leave out information entitled to privacy on the Proof of Claim
form and any attached documents. You may also file your claim electronically at
https://restructuring.ra.kroll.com/smiledirectclub/EPOC-Index.
Secured claim under 11 U.S.C. § 506(a): A claim backed by
a lien on particular property of the debtor. A claim is secured
to the extent that a creditor has the right to be paid from the Do not file these instructions with your form
property before other creditors are paid. The amount of a
secured claim usually cannot be more than the value of the
particular property on which the creditor has a lien. Any
amount owed to a creditor that is more than the value of the
property normally may be an unsecured claim. But exceptions
exist; for example, see 11 U.S.C. § 1322(b) and the final
sentence of § 1325(a).
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 may be a lien.