To file a proof of claim in bankruptcy, complete Official Form 410 with the details of the debt as it stood on the petition date, attach the documents that prove the debt exists, and submit it to the clerk of the bankruptcy court where the debtor’s case is pending before the court’s bar date. A properly completed Form 410 counts as presumptive proof that the debt is valid and owed in the amount stated, and the burden shifts to anyone who disagrees to file a formal objection.1Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim There is no filing fee. Miss the deadline or leave out required documentation, though, and the claim can be disallowed entirely.
Do You Actually Need to File
Whether Form 410 is required depends on the chapter of the case. In Chapter 7, 12, and 13 cases, every creditor who wants a distribution from the estate must file.2Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest That includes secured creditors who want to be paid from the estate. One boundary worth knowing: skipping the filing does not destroy the underlying lien on collateral. The lien survives, but the trustee will not pay the creditor a cent.
Chapter 11 flips the default. A creditor whose debt is listed on the debtor’s schedules as undisputed, non-contingent, and in a specific dollar amount does not need to file. If the debt is scheduled as disputed, contingent, or unliquidated, the creditor must file or lose the right to vote on the reorganization plan and receive payment.3Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3003 – Chapter 9 or 11 Filing a Proof of Claim or Equity Interest
The Deadline You Cannot Miss
The filing deadline is called the bar date. Treat it as absolute.
In Chapter 7, 12, and 13 cases, most creditors have 70 days after the order for relief, which in a voluntary case is the date the debtor filed the petition. Government agencies, including the IRS, get 180 days.2Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest In Chapter 11 cases, the judge sets the bar date based on the complexity of the case and communicates it in the notice of commencement.3Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3003 – Chapter 9 or 11 Filing a Proof of Claim or Equity Interest
Creditors holding a mortgage on the debtor’s primary residence face a two-step deadline. The initial claim and any required escrow-account statement are due within 70 days. Supplemental documentation proving the lien was properly recorded, along with a copy of the underlying loan documents, is due within 120 days of the order for relief.2Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest
Unlike many bankruptcy deadlines, the bar date cannot be extended under the court’s general authority to grant more time for excusable neglect. Extensions are available only in the narrow circumstances spelled out in Rule 3002(c) itself.4Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9006 – Computing and Extending Time Assuming a judge will grant extra time because notice got lost inside a corporate mailroom is a gamble that rarely pays off.
What to Gather Before You Start
Work from the debt as it existed on the date the petition was filed. Form 410 asks for the debtor’s name and case number, your name and mailing address as the creditor, and the total amount owed.5United States Courts. Official Form 410 – Proof of Claim If the balance includes anything beyond principal, such as pre-petition interest, late fees, or collection costs, the form requires an itemized breakdown of each charge.1Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim
The form asks whether the claim is contingent, unliquidated, or disputed. A contingent claim depends on a future event, like a guarantor’s liability that kicks in only if the primary borrower defaults. An unliquidated claim is one where money is owed but the exact amount has not yet been determined. A disputed claim is one the debtor disagrees with, on either the amount or the existence of the debt. Check the boxes honestly. Marking a claim as disputed does not prevent it from being allowed if the evidence supports it.
Supporting Documents
Attaching proof of the debt is not optional. When the claim is based on a written agreement, file the original document or a copy. If the original has been lost or destroyed, include a written explanation of what happened to it.1Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim Common attachments include loan agreements, invoices, account statements, contracts, and court judgments.5United States Courts. Official Form 410 – Proof of Claim
Secured creditors need additional paperwork: evidence that the security interest was properly perfected, such as a recorded mortgage deed, a UCC-1 financing statement, or a certificate of title.5United States Courts. Official Form 410 – Proof of Claim In an individual debtor case, include a statement of the amount needed to cure any default as of the petition date.1Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim
Claims based on a credit card or other revolving consumer-credit agreement require one more attachment: a statement identifying who originally owned the account, who held the debt at the time of the last transaction, the dates of the last transaction and last payment, and the date the account was charged off.1Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim This exists because these accounts are frequently sold, and the court needs a clear chain of ownership.
Redact every attachment before filing. Social Security numbers, taxpayer IDs, and financial account numbers should show only the last four digits. Dates of birth should show only the year. A minor’s name should be replaced with initials.6Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9037 – Protecting Privacy for Filings Never submit originals. Courts routinely destroy paper attachments after scanning them into the electronic filing system.
Classifying the Claim
Form 410 asks you to classify the claim into one of three categories. The classification determines where you sit in the payment line.
- Secured claims are backed by collateral. The secured portion is capped at the value of the collateral. Anything owed above that value drops into the unsecured column.
- Unsecured priority claims are paid before general unsecured creditors. Common priority categories include domestic support obligations such as child support and alimony, certain employee wages earned within 180 days before the petition date (up to $17,150 per person as of April 2025), and tax debts owed to government agencies.7Office of the Law Revision Counsel. 11 USC 507 – Priorities
- Unsecured nonpriority claims cover everything else, including most trade debt, credit card balances, and personal loans. These are paid last and often receive only a fraction of what is owed, if anything.
A single claim can span more than one category. A mortgage creditor whose debt exceeds the home’s value would have a secured claim up to the home’s value and an unsecured nonpriority claim for the rest.
Submitting the Form
File in the specific bankruptcy court district where the debtor’s case is pending. There is no filing fee.
Most bankruptcy courts offer the Electronic Proof of Claim (ePOC) system, a web-based portal that walks you through a series of questions and generates a completed Form 410 from your responses. No login or password is required, and the system lets you upload supporting documents as PDFs. After submission, the claim posts to the court’s docket immediately, and you receive an on-screen confirmation with a stamped copy. Attorneys already registered with the court’s Case Management/Electronic Case Files (CM/ECF) system can file through CM/ECF instead.
If electronic filing is not an option, mail the signed form and supporting documents to the clerk of the bankruptcy court. In very large cases, the court may appoint a claims agent to receive filings instead. Include a copy of the form and a stamped, self-addressed envelope so the court can return a file-stamped confirmation.
Every proof of claim must be signed. The signature is a declaration under penalty of perjury that the information is true and correct, and it certifies that you conducted a reasonable inquiry before filing and are not submitting the claim for an improper purpose such as harassment or delay.8Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9011 – Signing Documents Representations to the Court Sanctions
What Happens After You File
Once filed, a claim is deemed allowed unless someone objects. That is the default under federal bankruptcy law.9Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests Many claims sail through without scrutiny. But the trustee, the debtor, or another creditor can challenge any claim they believe is inaccurate, inflated, or legally unenforceable.
An objection must be filed and served on the creditor at least 30 days before the scheduled hearing or the deadline to request one.10Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3007 – Objecting to a Claim Once objection is filed, the claim loses its presumption of validity, and the creditor bears the burden of proving the debt is legitimate and owed in the amount claimed. The court then holds a hearing and determines the allowed amount.
Common grounds for disallowance include debts that are unenforceable under applicable law, claims for unmatured interest, and claims where proof was not timely filed.9Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests Claims by insiders or the debtor’s attorney can be reduced to the reasonable value of the services provided. A claim filed without the required supporting documents is much easier to knock out.
Fixing or Withdrawing a Filed Claim
If the original claim contained an error, whether in the dollar amount, the classification, or the supporting documents, file an amended proof of claim. The amended filing replaces the original. In the ePOC system, indicate that the new claim amends a previously filed one and reference the original claim number. An amended claim generally must be filed before the bar date, though courts have allowed amendments that do not fundamentally change the nature of the original timely claim.
To pull a claim entirely, file a notice of withdrawal with the court. Withdrawal is not always available on demand. Court approval is required if an objection has already been filed against the claim, if an adversary proceeding has been filed against the creditor, or if the creditor has already voted on a reorganization plan or otherwise participated significantly in the case.11Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3006 – Withdrawing a Proof of Claim Effect on a Plan When approval is needed, the judge can attach conditions. Unless the court says otherwise, withdrawing the claim also withdraws any vote cast on a plan.
Ongoing Duties for Chapter 13 Mortgage Creditors
Mortgage creditors in Chapter 13 cases have obligations beyond the initial proof of claim. If the monthly payment amount changes for any reason, whether from an interest-rate adjustment, an escrow increase, or another recalculation, the creditor must file a notice of the change at least 21 days before the new payment comes due.12Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002.1 – Chapter 13 Claim Secured by a Security Interest in the Debtors Principal Residence The notice goes to the debtor, the debtor’s attorney, and the trustee on supplemental Form 410S-1.
Late notices have asymmetric consequences. A payment increase does not take effect until at least 21 days after the late notice is actually filed and served. A payment decrease is effective on the original due date regardless of when the notice arrives.12Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002.1 – Chapter 13 Claim Secured by a Security Interest in the Debtors Principal Residence
Any post-petition fees, expenses, or charges the creditor wants to recover from the debtor or the property must be itemized on supplemental Form 410S-2 and filed within 180 days after they are incurred.12Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002.1 – Chapter 13 Claim Secured by a Security Interest in the Debtors Principal Residence
What Late or False Filings Cost
A tardily filed claim is not automatically thrown out, but it drops to the back of the payment line. In most Chapter 7 cases, there is barely enough money to pay timely filers, let alone creditors at the bottom of the stack.13Office of the Law Revision Counsel. 11 USC 726 – Distribution of Property of the Estate If a party objects to a late-filed claim, the court must disallow it unless the creditor fits into one of the narrow tiers that permit tardy filing.9Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests
Filing a fraudulent proof of claim is a federal crime. Anyone who knowingly presents a false claim against a bankruptcy estate faces up to five years in prison, a fine, or both.14Office of the Law Revision Counsel. 18 USC 152 – Concealment of Assets False Oaths and Claims Bribery Short of criminal prosecution, the bankruptcy court can impose civil sanctions on a creditor or attorney who files a claim without conducting a reasonable investigation into its accuracy. Sanctions include monetary penalties, orders to pay the other side’s attorney fees, and nonmonetary directives such as requiring better verification procedures.8Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9011 – Signing Documents Representations to the Court Sanctions These sanctions hit hardest when a filed claim is wildly inflated or when a creditor files claims across many cases through automated systems without any human review.