Filing A Claim And The Proof Of Claim Process
IT IS NOT NECESSARY THAT CLAIMANTS ENGAGE COUNSEL OR OTHER REPRESENTATIVES IN ORDER TO SUBMIT A CLAIM, THOUGH THEY MAY DO SO AT THEIR OWN EXPENSE IF THEY SO DESIRE.
Question:
How do I file a claim against the HOW Companies?
Answer:
To file a claim against the HOW Companies you must submit the provided POC form or a substantially similar form with the same required information (unless your claim is exempt, discussed further below) after carefully reviewing the related POC instructions. The POC form must be fully completed, notarized, and provide the necessary documentation to substantiate your claim.
Question:
When must a POC be filed?
Answer:
Pursuant to the Seventh Directive, a POC must be received by January 12, 2009 (the Bar Date) to be considered timely-filed. It is advisable to keep a copy of the POC and proof of its timely mailing and/or receipt.
Question:
Where do I file my POC?
Answer:
The POC must be sent to:
Proof of Claim Department
HOW Companies, in Receivership
P.O. Box 1557
Tucker, Georgia 30085-1557
Question:
What if I do not file my claim by the Bar Date?
Answer:
All claims not exempt from the Bar Date which are not timely-filed will be precluded from sharing in the assets of the HOW Companies’ estate in any manner until the timely-filed approved claims of all other creditors have been paid in full.
Question:
What claims are exempt from the Bar Date and should not be filed with the Deputy Receiver of the HOW Companies?
Answer:
The only claims exempt from the Bar Date are:
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Claims that have previously been approved, resolved, or paid by the Deputy Receiver ("approved" or "resolved" claims are those approved in writing by the Deputy Receiver, settled pursuant to a written settlement agreement between the Deputy Receiver and the claimant, or adjudicated by a final and binding determination of the Commission, Circuit Court of Virginia, Supreme Court of Virginia, or other court of competent jurisdiction);
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Proper administrative expenses claims;
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Claims by builders for loss reserve deposits or release of letters of credit; and
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Claims by builders for a share of the residual assets of the HOW Companies.
Question:
What do I do if a percentage of my claim has been previously paid by the HOW Companies, but I believe additional amounts are still due on the claim?
Answer:
You must file an affidavit for additional percentage payment for an increased payment percentage.
Question:
Are claimants required to be represented by counsel to file a POC?
Answer:
No, though they may do so at their own expense if they so desire.