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Proofs of Claims Bankruptcy Basics The Debtors Proofs of Claim Do I need to file a proof of claim? If you believe that you or an entity that you represent has a claim arising prior to September 14, 2009, against one or more of the Debtors, you should file a Proof of Claim.  If you believe you have been damaged by events at Burr-Oak Cemetery, you may have a claim against the Debtor, and you should file a Proof of Claim. If you have questions about your claim or your potential recovery, you should seek advice from your own attorney. The website does not provide legal advice. If you are asserting a claim against more than one Debtor or have claims against different Debtors, a separate proof of claim must be filed with respect to each such Debtor. What is the deadline for filing a proof of claim? The Deadline is April 7, 2010. All proofs of claim may be filed electronically by a lawyer through the Court's Electronic Case Filing System ("EDF"), but, if you do not have a lawyer, you must file your claim either in PERSON or by MAIL.  All Proofs of Claim must be ACTUALLY RECEIVED by the Clerk of the Bankruptcy Court on or before 4:30 p.m. Central Time on April 7, 2010.  Mailed and hand-delivered claims should be sent to the Clerk of the Bankruptcy Court at the following address: The Clerk of the United States Bankruptcy Court Northern District of Illinois, Eastern Division 219 S. Dearborn Street, 7th Floor Chicago, Illinois 60604 What recovery can I expect on my claim? Unfortunately, it is impossible to know at this early stage of the case what recovery, if any, you may expect to receive. This is true for a number of reasons. First, the facts underlying the situation at Burr Oak Cemetery are not fully understood. Second, it is not yet clear if insurance policies or other funds will be available to fund any distribution. Finally, it is unclear how many claimants there are or will be in the bankruptcy. Bankruptcy Basics How do I file a proof of claim against the debtor? You can file a Proof of Claim (Form B-10) with the Clerk's Office to have the association listed as a creditor on this bankruptcy case and receive notice. There are instructions on page two of this form. The form is available here. How can I confirm my claim has been filed? Please contact Committee Counsel at burroak@perkinscoie.com. How do I get information about the bankruptcy? There are several ways you can get information: If you have a computer with Internet access, you can get find the Court’s electronic records through PACER by selecting the menu option "ECF/Pacer Login" from the Court's website.  In order to use PACER, you must open a PACER account. You can do that by calling (800) 676-6856 or (210) 301-6440 to get a registration form.You may register online at http://pacer.psc.uscourts.gov/. You may also come into the court and use the public service computers to view electronic records for no fee. Finally, you can check the Significant Events section of this site or email Committee Counsel at burroak@perkinscoie.com. What is the Official Committee of Unsecured Creditors? The Official Committee of Unsecured Creditors is appointed by the United States Trustee to represent the interests of unsecured creditors in a chapter 11 bankruptcy case. In this case, the members of the committee are all plaintiffs in court cases arising from the events at Burr Oak Cemetery.  What is the role of the Official Committee of Unsecured Creditors? The basic function of the Official Committee of Unsecured Creditors is to act as both watchdog of the Debtors and advisor to its creditor constituents. The general duties of the Official Committee of Unsecured Creditors are set out in the Bankruptcy Code. The Official Committee of Unsecured Creditors may employ legal counsel or other consultants and advisors, confer with the Debtors in the administration of the bankruptcy estates, conduct investigations into the Debtors' financial affairs, participate in formation of a plan of reorganization, and generally represent the interests of unsecured creditors. Who are the members of the Official Committee of Unsecured Creditors? The current members of the Official Committee of Unsecured Creditors are: Deborah Clarks, Chair; Thomas Gary; Elizabeth Hill; Julie Jones; Pearlie Murphy; Darrell Phillips; and Bobbie Sanders. Who represents the Official Committee of Unsecured Creditors? The Official Committee of Unsecured Creditors has retained Perkins Coie LLP as its bankruptcy counsel. You can contact either Daniel Zazove or Kathleen Stetsko at 312.324.8512 or burroak@perkinscoie.com. Who is the judge presiding over the Burr Oak cases? The Burr Oak bankruptcy cases are assigned to the Honorable Pamela Hollis, United States Bankruptcy Judge for the Northern District of Illinois. The phone number for the United States Bankruptcy Court for the Northern District of Illinois is 312.435.5694. The mailing address is: 219 S. Dearborn St., Chicago, IL 60604. Who is the United States Trustee in the Burr Oak cases? The United States Trustee for the Northern District of Illinois is William T. Neary. He can be contacted at 312.886.5725. What role does the United States Trustee play in the Burr Oak cases? The United States Trustee is a public official whose general responsibility is to ensure that the public interest is being properly served in the administration of bankruptcy cases. The United States Trustee has extensive duties, including monitoring the bankruptcy case, ensuring that a debtor is properly filing its schedules and reports, watching for abuse and other illicit behavior by a debtor, creditors or other parties participating in the bankruptcy case, and assisting the U.S. Attorney in prosecuting crimes committed in the course of a bankruptcy case. Why am I receiving information about Burr Oak cases? Certain notices (the "Notices") have been sent to potential creditors in the Burr Oak bankruptcy cases, including all plaintiffs in pending court cases. The purpose of the Notice is to inform you of the Debtors' bankruptcy filings, and to give you an opportunity to determine whether you wish to assert a claim against one or more of the Debtors. The fact that you received a Notice does not necessarily mean that you have a claim against the Debtors. You should consult with your attorney to determine whether or not you have a claim. The Debtors Who are the Debtors? The Debtors are three separate, but related, companies whose bankruptcies are being jointly administered. Perpetua, Inc. is a Delaware corporation which owns the controlling interest of the other two Debtors. Perpetua-Burr Oak Holdings of Illinois LLC is an Illinois limited liability company which owns and operates Burr Oak Cemetery in Alsip, Illinois. Perpetua Holdings of Illinois, Inc. is an Illinois corporation which owns Cedar Park Cemetery in Calumet Park, Illinois. Have the Debtors filed their Schedules of Assets and Liabilities and Statements of Financial Affairs? On October 16, 2009, the Debtors filed their Schedules of Assets and Liabilities and Statements of Financial Affairs. How do I get responses to specific questions? Please contact Committee Counsel at burroak@perkinscoie.com.