Creditor’s Guide to Filing a Proof of Claim in Bankruptcy

When a debtor—whether an individual or a company—files for bankruptcy, the financial landscape shifts immediately. For creditors who are owed money, the standard collection methods halt due to the automatic stay. To participate in the distribution of the debtor’s available assets and potentially recover what they are owed, a creditor must formally assert their claim to the bankruptcy court. This assertion is known as filing a Proof of Claim.

This guide, generated by an AI assistant and informed by current legal procedures, outlines the critical steps and requirements for creditors navigating this essential part of the bankruptcy process. Protecting your financial interest starts with a timely and accurate filing.

What Constitutes a Valid Proof of Claim?

A Proof of Claim is a written statement setting forth a creditor’s claim against the debtor’s estate. It is the official vehicle for a creditor to assert their right to payment in the bankruptcy proceeding.

Required Components of the Filing

To be considered valid, the Proof of Claim must include detailed information and supporting documentation:

• Debtor and Case Information: The full name of the debtor and the official bankruptcy case number.
• Creditor Information: The name and address of the entity asserting the claim, including separate addresses for notices and payments if they differ.
• Claim Amount: The total amount owed as of the date the bankruptcy case was filed. This must itemize any interest, fees, expenses, or other charges.
• Basis for Claim: A clear description of the debt, such as “goods sold,” “money loaned,” “mortgage note,” or “credit card”.
• Classification: Designation of whether the claim is Secured (backed by a lien on property), Unsecured, or entitled to Priority status under 11 U.S.C. §507(a).
• Supporting Documentation: Copies of all relevant writings, such as promissory notes, contracts, invoices, and judgments that evidence the debt. If the claim is secured, evidence of perfection (e.g., filed mortgage or UCC-1 statement) must also be attached.

The Critical Deadline: Understanding the Bar Date

The single most important factor for a creditor is filing the Proof of Claim before the deadline, known as the Bar Date.

Bankruptcy Chapter	Standard Bar Date for Creditors	Key Exceptions
Chapter 7 (Voluntary) & Chapter 13	Generally, 70 days after the order for relief (the date the case was filed).	Filing of claim is only necessary in Chapter 7 if the trustee finds assets for distribution.
Chapter 11 (Non-Individual)	The court sets a specific Bar Date, which is published in the notice of the bankruptcy case.	A claim scheduled by the debtor as undisputed, non-contingent, and liquidated does not require a filing, unless the creditor disagrees with the amount or status.
Governmental Unit	Not later than 180 days after the order for relief.	May request an extension for cause before the time expires.

Filing after the Bar Date (a “tardily filed” claim) may lead to rejection unless the creditor can convince the court of a legitimate reason for the delay, though this should not be relied upon.

Addressing Objections to Your Claim

Once filed, the Proof of Claim is considered allowed unless a party-in-interest—typically the bankruptcy trustee, but sometimes the debtor or another creditor—files an objection.

Common Grounds for Objection

An objection challenges the claim’s validity, amount, or classification. Reasons often include:

• The amount of debt is believed to be excessive.
• Insufficient or lack of supporting documentation was attached to the form.
• The creditor improperly classified the claim (e.g., claiming a debt as secured when it is not perfected).
• The claim seeks impermissible interest or penalty fees.

The party making the objection has the initial burden to provide evidence for disallowing the claim. If they meet this burden, the ultimate burden of proof shifts back to the creditor to establish the validity of their claim by a preponderance of the evidence.

Summary: Your Proof of Claim Checklist

Filing a Proof of Claim is a non-negotiable step for most creditors seeking a distribution from a bankruptcy estate. A proactive and meticulous approach maximizes the chances of recovery.

1. Determine the Bar Date: Immediately confirm the filing deadline from the court’s official notice. This is the single most important action.
2. Use Official Form 410: Complete the Official Bankruptcy Form 410 with the correct debtor and case information.
3. Attach Comprehensive Support: Include all relevant documentation (contracts, invoices, evidence of perfection) to substantiate the debt and its classification.
4. Redact Sensitive Data: Carefully mask all but the last four digits of account/SSNs to comply with public access rules.
5. File Electronically: Where possible, utilize the court’s Electronic Proof of Claim (ePOC) system for paperless, immediate submission.

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Frequently Asked Questions (FAQ)

Proof of Claim, Bankruptcy Law, Creditor Rights, Official Form 410, Bar Date, Chapter 7, Chapter 13, Secured Claim, Unsecured Claim, Bankruptcy Estate, Federal Rules of Bankruptcy Procedure, Objection to Claim, Automatic Stay