A proof of claim is the paperwork that a creditor must file before getting paid in a bankruptcy case. These documents tell the bankruptcy trustee about the type of claim and how much a creditor is owed. This information allows the trustee to determine the amount to pay the creditor if anything. Under the bankruptcy payment system, some debts such as income tax and domestic support obligations have “priority” status and are paid before any other claims.
Proof of claim forms can be downloaded from the United States Courts website.
Creditor’s attorneys and anyone with an Electronic Case Filing (ECF) login may file a proof of claim using ECF. Creditors who don’t have ECF login credentials can electronically file a proof of claim using the Electronic Proof of Claim (ePOC) system.
Deadline for Filing a Proof of Claim.
- In a Chapter 7 bankruptcy “asset” case, the deadline for filing a Proof of Claim, commonly known as a “bar date” is stated in the Notice of Chapter 7 Bankruptcy, Meeting of Creditors and Deadlines. In a Chapter 7 “no asset” case, if the trustee files a Notice of Possible Dividends, a notice is sent indicating the deadline by which a claim is due.
- In Chapter 9 and Chapter 11 bankruptcy cases, creditors receive a notice stating the deadline by which the claim is due.
- In Chapter 13 Bankruptcy cases, the deadline for filing a proof of claim is stated in the Notice of Chapter 13 Bankruptcy, Meeting of Creditors and Deadlines.
- In Chapter 12 Bankruptcy Cases, the deadline is indicated on the Notice of Meeting of Creditors.
If a creditor changes the address from the one indicated in the Proof of Claim forms, he/she must file a Notice of Change of Address with the court.