How to File a Claim on a Bankruptcy Case Filed in Ohio

Creditors file proof of claims with the bankruptcy court to receive payment.

Creditors submit proof of claims to the Northern or Southern District Court of Ohio when Ohio residents file for bankruptcy protection. Filing a proof of claim in a bankruptcy case is essential if the creditor wants to possibly receive any money. Whether a creditor will receive payment for all or a portion of its claim depends on the classification of the debt, the chapter of bankruptcy that was filed, and the amount of the debtor's income.

Instructions

1. Confirm a bankruptcy case was filed for the debtor. Utilize PACER to review the bankruptcy court docket in order to find out if a bankruptcy case is pending for a debtor. PACER is an electronic service provided by Ohio's Northern and Southern District court websites which allow the public to view case information. A notice of bankruptcy filing will be received in the mail if the debtor listed the creditor's name and address in the bankruptcy petition. The debtor or the debtor's attorney may also notify the creditor directly to provide the bankruptcy filing date and case number.

2. Complete a proof of claim. Download a proof of claim form from the Ohio bankruptcy court website or from the U.S. Courts website. Read the directions provided on the second page of the proof of claim form before filling it out. Include information that will help the bankruptcy court accurately attach the proof of claim to the appropriate case. State the debtor's name and case number. List the addresses where future payments and notices should be sent. Provide information regarding the amount and type of debt being claimed. Sign and date the proof of claim after it is completed.

3. Add supporting documents that verify the validity of the debt. Include copies of signed contractual agreements, court judgments, billing statements, invoices, transactional history reports or an account summary of the contractual terms and outstanding balance. Provide documents confirming there is a lien on real property or personal property if the debt is secured. Examples of these types of documents include a deed of trust or a title that provides a legal description of the property and lists the creditor as a lien holder.

4. File the proof of claim and supplemental documents with the appropriate Ohio district bankruptcy court. Submit the proof of claim within ninety days after the initial meeting of the creditors date for Chapter 7 and Chapter 13 cases. The trustee can bar a creditor's claim from being included in the case if the proof of claim is not filed timely with the bankruptcy court. Review the federal and local rules provided on the Ohio bankruptcy court website to ensure compliance with bankruptcy procedures.

References

• United States Bankruptcy Court Southern District of Ohio
• United States Bankruptcy Court Northern District of Ohio
• U.S. Courts: Bankruptcy Forms