When and where to file
A proof of claim in bankruptcy is filed with the bankruptcy court, or with a claims agent in larger cases, using the official form. The notice of the case usually sets a deadline, called a bar date, and government creditors often have a different deadline than other creditors. In many Chapter 7 cases with no assets to distribute, the notice tells creditors not to file a claim unless they receive a later notice. Secured creditors may have rights that survive without a filed claim in some situations, but relying on that without advice is risky. In a Chapter 13 case, an unsecured creditor that does not file a timely claim usually receives nothing from the plan payments, even when the debt is genuine. Read the notice carefully to know which rules apply.
Supporting the claim
Attach documents that show the debt and its amount, such as contracts, invoices, account statements, and any security agreement. If you claim priority, for example for certain unpaid wages or taxes, explain the basis. Individual creditors, such as people who lent money to a friend or family member, should include whatever records show the loan and any repayment. Redact account numbers and other sensitive personal details as the rules require, because filed claims are generally public. Keep copies of everything filed and the confirmation of filing. If you sell or transfer your claim, the transfer must be documented with the court.
When the claim is challenged
The debtor, trustee, or another creditor may object to a claim, and the claimant then has an opportunity to respond. Many objections are resolved on the documents or through negotiation, but some proceed to a hearing. Claims can sometimes be amended to correct errors, although late or significantly changed claims may face resistance. If you are a debtor reviewing claims filed against you, we can help determine which ones to challenge. The first conversation focuses on the notice you received and the documents supporting the debt.
