To file a proof of claim in a bankruptcy case, complete Official Form 410, attach documents that prove the debt, and submit it to the bankruptcy court clerk, either through the court’s Electronic Proof of Claim (ePOC) portal or by mail. The filing must arrive before the bar date, which in most Chapter 7, 12, and 13 cases is 70 days after the order for relief. Chapter 11 deadlines are set individually by the court.
Do You Actually Need to File
Any creditor owed money by the debtor can file, and in most cases you must file for your claim to be recognized.1Office of the Law Revision Counsel. 11 USC 501 – Filing of Proofs of Claims or Interests That is true whether you are a secured creditor with a lien on a home or vehicle, an unsecured creditor, or a priority creditor owed child support, wages, or certain taxes.
Two situations change that default. In a no-asset Chapter 7 case, the trustee has nothing to distribute, and filing right away is pointless. If the trustee later finds assets, the court will send a new notice with its own deadline.2United States Courts. Chapter 7 – Bankruptcy Basics
Chapter 11 is different. The debtor files schedules listing every creditor and the amount owed. If your claim appears there and is not flagged as disputed, contingent, or unliquidated, the schedule itself is treated as evidence of your claim and you don’t have to file anything.3United States Courts. Chapter 11 – Bankruptcy Basics Read the schedules carefully. If your claim is missing, flagged with any of those labels, or listed at the wrong amount, you need to file a proof of claim to vote on the plan and receive distributions. Filing one when the schedule was accurate is also fine; the filed claim supersedes the schedule.
The Bar Date
The bar date is the court-imposed deadline for claims. It is enforced strictly.
For voluntary Chapter 7, 12, and 13 cases, your claim is timely if filed within 70 days after the order for relief. In a voluntary case that date is the day the debtor filed the petition. If the case converts from one chapter to another, the 70 days restart from the conversion order. Government agencies get 180 days.4Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest You will receive a notice at the start of the case with the actual date printed on it, but check the docket too, since scheduling can change.
In Chapter 11 there is no fixed rule. The judge sets the bar date on a case-by-case basis and can extend it for good cause.5Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3003 – Chapter 9 or 11 Filing a Proof of Claim or Equity Security Interest The bar date order is served on known creditors and usually appears on the docket early in the case.
What Happens if You File Late
Late claims in a Chapter 7 case are not always denied outright. They drop to a lower rung in the distribution order: timely unsecured claims are paid first, then tardily filed claims from creditors who lacked notice of the case, then tardily filed claims from creditors who simply missed the deadline.6Office of the Law Revision Counsel. 11 USC 726 – Distribution of Property of the Estate Most estates run out of money before reaching the bottom rung, so falling there usually means getting nothing.
If you missed the deadline because the notice you received was inadequate, you can ask the court to extend your time by up to 60 days. The court will grant the extension if the notice failed to give you a reasonable opportunity to file.4Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest The longer you wait to file that motion, the harder it becomes to show the delay was reasonable.
Filling Out Form 410
Official Form 410 is a two-page form available from the United States Courts website.7United States Courts. Proof of Claim It asks for:
- The debtor’s full legal name and the bankruptcy case number, both taken from the notice of bankruptcy (Form 309) you received.
- Your name, address, and contact information. If you are filing on behalf of another creditor, identify both parties.
- The total debt owed as of the date the bankruptcy petition was filed, not the current balance. If the amount includes interest, fees, or other charges, check “Yes” and attach an itemized statement.8United States Courts. Official Form 410 Proof of Claim
- A short description of why the debt exists: a loan, services performed, goods sold, wages earned, or similar.
- Whether the claim is secured. If it is, describe the collateral and its estimated value.
Claiming Priority Status
Form 410 has a dedicated section for priority. Check the box that fits and enter the priority amount; the trustee won’t figure this out for you. The listed categories are:8United States Courts. Official Form 410 Proof of Claim
- Domestic support obligations, including child support and alimony, which receive the highest priority.
- Wages and commissions up to $17,150 per person, earned within 180 days before filing.
- Employee benefit contributions.
- Consumer deposits up to $3,800 for goods or services intended for personal or household use.
- Taxes owed to government agencies.
The dollar limits are adjusted periodically; the next scheduled adjustment is April 1, 2028.
Documents to Attach
A properly filed proof of claim is prima facie evidence that the debt is valid and the amount correct,9Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests but that presumption only holds if the paperwork behind it is solid. Attach the writing that establishes the debt: a promissory note, contract, purchase order, or invoice. Make sure the date the debt was incurred and the amounts are legible. Any interest, late fees, or additional charges beyond principal need a separate itemized breakdown.8United States Courts. Official Form 410 Proof of Claim
Redact Before You File
Federal rules require that any filing show only truncated versions of Social Security numbers, taxpayer IDs, birth dates, and account numbers: last four digits of an account, year of birth only, initials for a minor’s name.10Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9037 – Protecting Privacy for Filings Bankruptcy filings are public and most are posted online. An unredacted filing can expose you to legal remedies from the affected individual.
Credit Card and Revolving Accounts
If the claim comes from a credit card or other revolving consumer credit account, you must include the name of the entity that originally held the account, the date of the last transaction, the date of the last payment, and the charge-off date.11Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim If you bought the account, identify the seller so the chain of ownership is clear.
Mortgages: Form 410A
Creditors holding a mortgage on the debtor’s principal residence must attach Form 410A to their proof of claim.12United States Courts. Mortgage Proof of Claim Attachment The attachment requires a detailed breakdown: principal balance, interest due, escrow deficiency, fees and costs, total prepetition arrearage, and the current monthly payment with its components. You also need a full payment history from the first date of default, showing every transaction, payment received, and how each payment was applied.
Submitting the Claim
Most bankruptcy courts run an Electronic Proof of Claim (ePOC) portal. No login is required. You enter the case information, answer a series of questions, upload your supporting documents as PDFs, and the system generates the completed Form 410.13United States Bankruptcy Court. ePOC (Electronic Proof of Claim) – Central District of California The claim posts to the docket immediately. Save the confirmation; it is your proof of timely filing.
To file on paper, mail the signed Form 410 and supporting documents to the bankruptcy court clerk. If you want a file-stamped copy back, include a duplicate and a self-addressed stamped envelope. The claim must be received by the bar date, not postmarked, so leave mailing time.
The signature line is under penalty of perjury. Knowingly filing a false claim is a federal offense.
After You File
Once filed, your claim is deemed allowed unless someone objects.9Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests If no one challenges it, the amount you stated stands, and any party objecting carries the burden of showing something is wrong.
If an objection comes in, you will receive notice at least 30 days before any hearing or response deadline.14Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3007 – Objecting to a Claim Common objections are that the claim duplicates another, was untimely, has already been paid, or lacks required documentation. Some courts require you to file a written response or affirmatively request a hearing to preserve your rights, so check the local rules. Ignoring an objection can result in your claim being disallowed entirely even if the underlying debt is real.
Amending a Claim
If you find an error after filing, submit an amended claim. In ePOC, choose the amend option and provide your original claim number. To change the creditor’s name or address, you have to use paper Form 410; ePOC cannot process those changes.
Withdrawing a Claim
You can withdraw a proof of claim by filing a notice of withdrawal, but not freely. If an objection has been filed against it, an adversary proceeding involving it has been started, or you have already voted or otherwise participated significantly in the case, you need court permission, and the court can impose conditions.15Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3006 – Withdrawing a Proof of Claim and Effect on a Plan Withdrawing also cancels any vote you cast on a reorganization plan.