Proof of Claim

In bankruptcy, creditors file proofs of claim to establish their entitlement to be paid on a claim by the bankruptcy estate. Proofs of claim are presumed valid unless objected to by the trustee or another interested party (including the debtor).

Glossary Terms: 
Trustee
Exemptions
Bankruptcy Estate
Meeting of Creditors
No-asset Chapter 7

Frequently Asked Questions

Our frequently asked questions also address Proof of Claim:

What is a Proof of Claim?

A proof of claim is the basic document that when filed asserts a creditor's right to be paid in bankruptcy. Subject to allowance and disallowance, the filed proof of claims determine who gets the money paid out by a trustee in bankruptcy. The claim form includes several basic facts about the debt and creditor.

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Why would a debtor want to file a proof of claim on behalf of a creditor?

Basically, the debtor wants to file a claim on behalf of a creditor when the debtor wants that creditor to be paid.

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When are Chapter 13 Claims Filed?

Bankruptcy Rule 3002(c) sets the time for filing claims in chapter 13 cases. For most creditors, the deadline is set at 90 days from the first meeting of creditors, which works out to be a deadline about 4-5 months into the case. Governmental claims, such as taxes, get a different deadline, typically 180 days from the filing of the case.

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When are claims filed in my Chapter 7 Bankruptcy?

For proof of claim filing requirements, chapter 7 cases have to be considered in two groups: (1) Asset Cases, where the trustee is selling property and paying creditors, and (2) No-asset Chapter 7 Cases, where all property is covered by one or more property exemptions.

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Can a debtor object to a proof of claim?

When a creditor wants to assert a right to be paid in a bankruptcy proceeding, it files a proof of claim with the bankruptcy court. In general, these claims are treated as valid unless objected to. Whether the debtor may (or even should) object to a claim depends on the type of bankruptcy case.

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