Proofs of Claims in Bankruptcy

A Brief Summary of the Proof of Claim

What is a proof of claim?

The proof of claim is simply the form used by a creditor to present its claim and supporting documentation in a bankruptcy case. Official Form B10 is available on the website of most any bankruptcy court, including the excellent site maintained by the Bankruptcy Court for the Middle District of Alabama.

Proofs of claim are generally governed by 11 U.S.C. §§ 501 and 502, and by Rules 3001-3008 of the Federal Rules of Bankruptcy Procedure.

When do I file a proof of claim?

First, carefully read front and rear of the notice you received in the mail notifying you of the bankruptcy. For Chapter 7 cases, you do not file a claim until notified by the court to do so. If the trustee generates assets for administration, the clerk’s office will send out to all creditors listed on the matrix a notice to file claims. In that notice you will be given a bar date by which your claim must be filed, you will receive a proof of claim form, and instructions for where and how to file.

IMPORTANT: for a very long time, the date by which claims must be filed was 90 days from the date set for the initial Meeting of Creditors. Those deadlines were recently revised effective 12/01/17 by Amended Rule 3002(c)(7). Claims must now be filed not later than 70 days after the entry of the Order for Relief in a voluntary case. This period is 90 days for an involuntary Chapter 7 case. Governmental claims are due not later than 180 days after entry of the Order for Relief. For claims secured by a mortgage on debtor’s principal residence, the claim must be filed within 70 days of the entry of the Order for Relief, but supporting documentation can be filed thereafter but no later than 120 days from the entry of the Order for Relief.

In Chapter 13 cases, it is recommended that any creditor file a timely proof of claim with supporting documentation. The notice you receive in the mail will give you the bar date.

In Chapters 11 and 12, the notice will specify the bar date by which claims must be filed. The notice may also advise you that in Chapter 11 or 12 cases it is not necessary to file a proof of claim if the debtor has correctly listed your debt in the schedules as undisputed.

Who may file a proof of claim?

11 U.S.C. § 501 and Bankruptcy Rule 3001 govern generally who may properly file a proof of claim. Generally, it will be a creditor, equity security holder or claimant filing against the debtor. There are situations, however, in which the debtor, trustee or any entity liable on a debt may file a proof of claim. 11 U.S.C. § 501.

What documentation should be attached?

Common sense applies to the need for documentation. It is not, for example, necessary to attach every invoice on an ongoing open account. A copy of your most recent statement is sufficient. If it is a claim based on a note, attach a copy of the note, and the payment schedule if you have one. If you have a judgment, attach a copy. Either the trustee in Chapter 7 or 13, or the debtor in Chapter 11 or 12 is going go review your proof of claim. Give them enough documentation to make that determination without having to come back to you.