Form B 411A, General Power of Attorney

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Form B 411A, General Power of Attorney

Form B 411A, General Power of Attorney, is an Official Bankruptcy Form from the Administrative Office of the U.S. Courts that lets a claimant authorize an attorney in fact in one bankruptcy case. Fill it out online on FillingPDF and download the PDF.
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Form B 411A, General Power of Attorney (printed on the PDF as Official Form 411A), is the bankruptcy court form a claimant signs to authorize an attorney in fact to act in one bankruptcy case. It is published by the Administrative Office of the U.S. Courts. The form names the court, the debtor, the case number and the chapter, and it covers voting on questions submitted to creditors, receiving dividends and other acts that are not the practice of law in that case. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF is published by the U.S. Courts at uscourts.gov.

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What is B 411A?

Form B 411A, General Power of Attorney, is an Official Bankruptcy Form on which a claimant authorizes one or more named attorneys in fact to act for the claimant in a specific bankruptcy case, including voting and receiving dividends.

The PDF prints the title "Official Form 411A (12/18)" and the heading "United States Bankruptcy Court". The uscourts.gov page for the form lists it as form number B 411A and says that Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009.

The form is addressed to the attorneys in fact, whose names and mailing addresses are written at the top. The claimant authorizes them, "or any one of you", with full power of substitution, to do the following:

  • vote on any question that may be lawfully submitted to creditors of the debtor in the case;
  • where appropriate, vote for a trustee of the estate of the debtor and for a committee of creditors;
  • receive dividends;
  • in general, perform any act not constituting the practice of law for the claimant in all matters arising in this case.

Despite its title, this is not a power of attorney for other matters: it is tied to the district, debtor, case number and chapter written at the top. It ends with a signature block and three alternative acknowledgment blocks, for an individual, a partnership and a corporation, with a line for the official character of the person taking the acknowledgment.

Who needs to file B 411A?

A claimant in a bankruptcy case who wants another person to act for the claimant in that case uses this form. The claimant signs it, and the people it names are the attorneys in fact.

The form has acknowledgment blocks for three kinds of claimant:

  • An individual, who signs and acknowledges the form before an official.
  • A partnership, where the person signing says that he or she is a member of the named partnership and is authorized to execute the power of attorney on its behalf.
  • A corporation, where the person signing states the position he or she holds in the named corporation and says that he or she is authorized to execute the power of attorney on its behalf.

The attorneys in fact named on the form may act together or separately, since the form says "you, or any one of you". The authority excludes acts that constitute the practice of law, so the form does not replace a lawyer's representation. It also covers only the bankruptcy case identified at the top.

When to file B 411A

The form prints no due date. It is completed when a claimant decides to authorize an attorney in fact in a particular bankruptcy case, because it names the district, the debtor, the case number and the chapter. The authority it grants covers all matters arising in that case, including voting on questions submitted to creditors and receiving dividends. For any court deadline that affects your claim or your vote, check the bankruptcy court handling the case.

How to fill out B 411A

  1. Enter the court district

    At the top, below United States Bankruptcy Court, write the District of the court where the bankruptcy case is pending.

  2. Identify the debtor and case

    Next to In re, write the debtor's name. Enter the Case No. and the Chapter exactly as they appear on the case.

  3. Name the attorneys in fact

    In the To line, write the name of each attorney in fact and, where marked with an asterisk, state the mailing address. The form has two name-and-address entries.

  4. Review the authority granted

    Read the printed power: voting on questions submitted to creditors, voting for a trustee and a committee of creditors where appropriate, receiving dividends and performing acts that are not the practice of law in this case.

  5. Enter the date

    Write the date of signing on the Dated line.

  6. Complete the signature block

    Sign on the Signed line. If a representative signs for a partnership or corporation, complete the By and as lines with the representative's name and position, and enter the claimant's address on the Address line.

  7. Choose the acknowledgment block

    Complete only the block that matches the claimant: individual, partnership or corporation. Enter the date of acknowledgment and, for an entity, the name of the person acknowledging and, for a corporation, the position that person holds.

  8. Add the official character

    The official taking the acknowledgment completes the bracketed official character line after the acknowledgment.

  9. Review, then download the PDF

    Check the case details, names, addresses, date and signatures, then download or print the completed PDF from FillingPDF.

How to submit B 411A

The form prints no mailing address, portal or other filing channel. It is addressed to the attorneys in fact it names, and it must be signed by the claimant and acknowledged in front of an official, using the block that matches an individual, a partnership or a corporation. For how the signed power of attorney is to be used in your case, ask the bankruptcy court handling it. FillingPDF lets you fill out and download the PDF; any submission follows the court's own channels, not this page.

Common mistakes to avoid

  • Leaving the court heading blank: the district, debtor name, case number and chapter tie the power of attorney to one case.
  • Omitting the mailing address of the attorneys in fact where the form marks it with an asterisk and says to state the mailing address.
  • Signing without completing the acknowledgment block that matches the claimant, whether an individual, a partnership or a corporation.
  • Filling in the wrong acknowledgment variant, such as the corporation block for a partnership claimant.
  • Leaving out the capacity on the "By" and "as" lines when the claimant is a partnership or corporation signing through a representative.
  • Expecting the attorney in fact to perform acts that constitute the practice of law; the form excludes them.
  • Treating the form as a power of attorney for matters outside the bankruptcy case named at the top.
  • Forgetting the bracketed "if appropriate" wording about voting for a trustee and a committee of creditors, which applies only when appropriate.

Frequently asked questions

What is Form B 411A, General Power of Attorney?

It is an Official Bankruptcy Form on which a claimant authorizes named attorneys in fact to act in one bankruptcy case. They may vote on questions submitted to creditors, receive dividends and perform acts that are not the practice of law in that case.

Is Form B 411A the same as a general power of attorney for everything?

No. Despite its title, it covers only the bankruptcy case named at the top, through the debtor, case number and chapter. Its authority extends to all matters arising in that case and excludes acts that constitute the practice of law.

Who signs Form B 411A?

The claimant signs. An individual signs and acknowledges the form. For a partnership, a member acknowledges that he or she is authorized to execute it. For a corporation, the signer acknowledges the position he or she holds and the authority to execute it.

Does the form need to be acknowledged?

Yes, the form includes acknowledgment blocks ("Acknowledged before me on") for an individual, a partnership and a corporation, with a line for the official character of the person taking the acknowledgment. Complete the block that fits the claimant.

Can I vote for a trustee under this power of attorney?

Where appropriate, yes. The printed text includes authority to vote for a trustee of the estate of the debtor and for a committee of creditors, marked "if appropriate", along with voting on any question lawfully submitted to creditors.

Is Form B 411A required in bankruptcy cases?

The U.S. Courts page says Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009. Ask the court handling your case how it applies to your situation.

Where do I file Form B 411A?

The form prints no filing address or portal. It is addressed to the attorneys in fact it names, so ask the bankruptcy court handling your case how the signed power of attorney is to be used.

Can I fill out Form B 411A online?

Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with the court; any submission follows the court's own channels.

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