How to File a Proof of Claim If You Have Been Listed As a Creditor in a Bankruptcy

A proof of claim is a document that creditors use to prove their stake in a bankruptcy case. The document states the claim amount and provides evidence of the debt owed. Creditors must file a proof of claim if they want to receive payment from a Chapter 13 repayment plan or receive a portion of the liquidated assets of a Chapter 7 bankruptcy case. Knowing the basics of the proof of claim filing process will help you avoid mistakes that could cause the court to refuse your claim.

Instructions

1. Gather the documents pertaining to the debt. Include information such as loan agreements and contracts, bills and statements and proof of any payments.

2. Call the bankruptcy court to request the case number and title, as well as the proof of claim form if the court did not send the paperwork automatically when the debtor filed for bankruptcy.

3. Fill out the top section of the form, which requests the case number, the debtor's and creditor's names, and the creditor's address and phone number. Check the box if this claim is an amendment of a previous claim.

4. Fill out sections one through four to give information on the amount of the debt, proof that the debt is owed to you, the last four digits of the account number and the type and value of the debt. Check the relevant box in section five if the debt is for support payments, wages, employee benefits, taxes or other debt that has priority for payment under the U.S. bankruptcy code. Sign and date the worksheet at the bottom of the page.

5. Make copies of the corroborating documents and include them with the completed proof of claim worksheet. Mail the documents to the court house or take them to the court house and file them directly with the clerk.

References

• U.S. Courts: Bankruptcy Forms - Proof of Claim
• HG.org: Proofs of Claim in Bankruptcy