How to File a Proof of Claim With the Bankruptcy Court

If you are the creditor of an individual filing for bankruptcy, you will need to file a proof of claim with the court if you desire to be paid. How you file a proof of claim can vary, depending on the chapter under which the bankruptcy was filed. Only a creditor can file a claim during a bankruptcy. Here's how to file.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Place on the debtor's schedule of creditors
• Form 10 for proof of claim
• Copies (not originals) of supporting documents, including:
• Contracts
• Court judgments
• Invoices
• Liens

1. Determine whether you are listed on the debtor's schedule of creditors. If you are not, request to be added. If you are not of the list, you will not be able to claim any part of the debtor's assets.
2. Download official Form 10 from the U.S. Courts website (see Resources below). This form is the official proof of claim.
3. Complete your proof of claim form by recording the specifics of the debt and attaching copies of supporting documents, such as contracts, court judgments, invoices or liens. Do not submit the original documents.
4. File your claim with the court where the debtor filed her petition to declare bankruptcy.
5. File your proof of claim within 90 days after the date set for the meeting of creditors if you are filing a claim for a Chapter 7 bankruptcy. For a Chapter 13 bankruptcy, you must file your claim as soon as possible, because late claims are discharged.

Tips & Warnings

• If you hold a secured claim in a Chapter 7 case, you do not need to file a proof of claim.
• The proof of claim form describes the reason that the debtor owes you money.
• Depending on the chapter under which a debtor is filing for bankruptcy, the court may mail you a notice of the filing of the petition. However, it is ultimately your responsibility as the creditor to know if one of your debtors has filed for bankruptcy.
• If you hold an unsecured claim and do not file a proof of claim with the court, you will be unable to receive any assets from the debtor's estate.
• If you need to file a late claim, you can request that the court allow you to file a tardy claim. It will be up to the court to grant permission.
• Just because you file a proof of claim does not guarantee that you will receive payment.