Proof of Claim in Bankruptcy: Deadlines, Form 410, and Filing

A proof of claim in bankruptcy is the form a creditor files with the bankruptcy court to be counted for payment from the debtor’s estate. It is Official Form 410, backed by copies of the documents that show the debt exists. File it by the court’s deadline or you generally lose your right to share in any distribution.

When a Creditor Has to File

The answer depends on the chapter of the case.

In Chapter 7 (liquidation), Chapter 12 (family farmer or fisherman), and Chapter 13 (wage earner repayment), every creditor must file a proof of claim for the claim to be allowed. Skip it, and you receive nothing even if money is available for creditors in your class.¹

Chapter 11 works differently. The debtor files schedules listing known debts. If your debt appears on those schedules and is not marked disputed, contingent, or unliquidated, that entry stands as prima facie evidence of your claim and you do not need to file separately. If your debt is missing, or is listed as disputed, contingent, or unliquidated, you must file. A creditor in that situation who does not file loses the right to vote on the plan and to receive distributions.²

When in doubt, file. There is no penalty for filing a valid claim that duplicates the schedules, and no filing fee.

Filing Deadlines

Bankruptcy courts set a cutoff called the bar date. Miss it and your right to file is lost or severely limited.

Chapter 7, 12, and 13

For most creditors in a voluntary Chapter 7, 12, or 13 case, the proof of claim is due within 70 days after the order for relief. In a voluntary filing, the order for relief is entered the same day the debtor files the petition, so the clock starts immediately. In an involuntary Chapter 7 case, the deadline is 90 days after the order for relief.¹

Government agencies get 180 days after the order for relief. If a government claim arises from a tax return filed under § 1308, the deadline is the later of 180 days after the order for relief or 60 days after the return is filed.¹

Chapter 11

Chapter 11 does not follow the 70-day rule. The court sets the bar date by order and can extend it for cause. Watch for the scheduling order, which states the exact date.²

How You Learn Your Deadline

The court mails a “Notice of Chapter [X] Bankruptcy Case” to all known creditors, and that notice lists the calendar date. Not receiving one, because the debtor left you off the mailing list, does not automatically extend your deadline under Rules 3002 or 3003, though it can affect whether the debt is discharged.

What Happens If You File Late

A late-filed claim is not automatically thrown out, but it is vulnerable. The debtor or trustee can object under 11 U.S.C. § 502(b)(9), which allows disallowance of an untimely claim.³ If nobody objects, the claim may still be allowed, but that is a gamble.

A few narrow exceptions permit a late filing: claims by a minor or incapacitated person, claims arising from court judgments entered after the bar date (filed within 30 days of the judgment becoming final), and claims from rejected contracts or leases (filed within a time the court sets). The court can also grant up to a 60-day extension if it finds the original notice did not give enough time.¹

If a creditor does not file at all, the debtor or trustee can file a proof of claim on that creditor’s behalf within 30 days after the creditor’s deadline expires. This happens most often when the debtor wants a particular debt included, for instance to give a codebtor protection under a Chapter 13 plan.⁴

Completing Official Form 410

Every proof of claim uses Official Form 410, the standard document approved by the Judicial Conference for all federal bankruptcy courts.⁵ The current version and its instructions are on uscourts.gov.

The form asks for:

Your legal name and mailing address for notices.
The total debt as of the petition date, including principal, accrued interest, and any fees or charges allowed under the original agreement.
A brief description of why the debtor owes you, such as an unpaid invoice, a loan, a lease, or a judgment.
Whether the claim is secured, unsecured priority, or general unsecured.

For individual debtors, the form also requires an itemized breakdown of principal, interest, fees, expenses, and other pre-petition charges.⁶ Make sure the itemization adds up to the total on the form. Mismatches invite objections.

Supporting Documents

Attach redacted copies of whatever documents support the debt: contracts, invoices, account statements, promissory notes, or purchase orders. If the claim rests on a written agreement and the original has been lost, include a statement explaining what happened to it.⁵

Secured creditors have an extra requirement: evidence that the security interest has been perfected. For real property that is typically a recorded mortgage or deed of trust. For personal property it is a UCC-1 filing or a noted vehicle lien title.⁶

Redaction

Bankruptcy filings are public records, so anything you attach without proper redaction becomes permanently visible. Bankruptcy Rule 9037 requires that filings include only the last four digits of Social Security and taxpayer identification numbers, only the year of a person’s birth, only a minor’s initials rather than a full name, and only the last four digits of financial account numbers.⁷ Fix these before filing. Cleanup afterward is far harder.

Claim Categories and Payment Order

How you categorize your claim on Form 410 controls where you stand in line.

Secured claims are backed by specific collateral: a mortgage on a house, a lien on a car, a security interest in equipment. If the collateral is worth more than the debt (an oversecured claim), you can also collect post-petition interest and reasonable fees and costs allowed under your original agreement.⁸ If the collateral is worth less than the debt, the claim splits: the collateral-covered portion is secured, and the rest drops to general unsecured.

Unsecured priority claims jump ahead under 11 U.S.C. § 507. Common categories, with the dollar caps that took effect April 1, 2025 for cases filed on or after that date, include unpaid wages and commissions up to $17,150 per person for work performed within 180 days before the petition date or the date the business stopped operating, whichever came first; employee benefit plan contributions up to $17,150 per employee covered by each plan, reduced by amounts already paid as wage priority claims; grain farmer and fisherman claims up to $8,450; consumer deposits for undelivered goods or services up to $3,800 per person; and certain income, property, and employment taxes owed to government units.⁹

General unsecured claims cover everything else: credit card debt, trade payables, medical bills, unsecured loans. These creditors get paid last, after secured and priority claims are satisfied. In many Chapter 7 cases little or nothing remains for general unsecured creditors, but filing costs nothing and preserves your share of whatever distribution occurs.

How to Submit

Most bankruptcy courts accept electronic filing through the CM/ECF (Case Management/Electronic Case Files) system. Many also offer an ePOC (Electronic Proof of Claim) portal that does not require a CM/ECF login, so creditors without attorney accounts can submit online and receive immediate confirmation. Paper filers mail the form and attachments to the clerk of the bankruptcy court handling the case. There is no fee to file a proof of claim.

After filing, check the court’s claims register through PACER to confirm your claim was recorded and assigned a number. Keep copies of everything, along with any electronic confirmation receipt.

After You File

A properly completed proof of claim carries weight. Under Rule 3001(f), a signed proof of claim filed in accordance with the rules is prima facie evidence that the debt is valid and the amount is correct.⁶ Anyone challenging the claim carries the burden of proof.

If no one objects, the claim is deemed allowed and eligible for payment under the priority scheme. The debtor, the trustee, or another creditor can file a formal objection challenging validity, amount, or classification. Common grounds include unenforceable agreements, claims for unmatured interest, and employee or attorney fees that exceed reasonable value.³

If your claim draws an objection, the court holds a hearing where you may need to present additional documentation or testimony. Organized records make this quick. Scrambling for paperwork months after the fact does not.

Amending or Withdrawing

Creditors can amend a filed proof of claim to correct errors in the amount, classification, or supporting documents. Courts generally allow amendments freely before the bar date and evaluate later amendments case by case, looking at whether the change would prejudice other parties.

Withdrawing is more restricted. You can pull back a proof of claim by filing a notice of withdrawal, but the court can block it if an objection has already been filed against the claim, if an adversary proceeding has been brought against you, or if you have already voted on or accepted a reorganization plan. When the court does permit a withdrawal, it can impose conditions, and the withdrawal automatically revokes any prior vote to accept or reject a plan.¹⁰

If the Claim Is Sold or Assigned

Debts change hands through assignment, sale, or factoring. Bankruptcy Rule 3001(e) governs transfers, and the rules turn on timing.

If the transfer happens before a proof of claim is filed, only the new creditor can file. If the transfer happens after a proof of claim has been filed, the new creditor must file evidence of the transfer with the court. The clerk then notifies the original creditor, who has 21 days to object.⁶ Filing evidence of a claim transfer carries a $25 fee per claim.¹¹

False Claims Are a Federal Crime

Filing a false proof of claim is prosecutable. Under 18 U.S.C. § 152, anyone who knowingly and fraudulently presents a false claim against a debtor’s estate faces up to five years in prison.¹² The statute’s phrase “fined under this title” reaches up to $250,000 for an individual under 18 U.S.C. § 3571.¹³ Inflating a balance, fabricating invoices, or claiming a debt that does not exist all fall within the statute. Beyond the criminal exposure, a fraudulent claim will be disallowed and can trigger sanctions from the bankruptcy court.

1
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest
2
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3003 – Chapter 9 or 11 Filing a Proof of Claim or Equity Interest
3
Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests
4
Office of the Law Revision Counsel. 11 USC 501 – Filing of Proofs of Claims or Interests
5
United States Courts. Official Form 410 – Proof of Claim
6
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim
7
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9037 – Protecting Privacy for Filings
8
Office of the Law Revision Counsel. 11 USC 506 – Determination of Secured Status
9
Federal Register. Adjustment of Certain Dollar Amounts Applicable to Bankruptcy Cases
10
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3006 – Withdrawing a Proof of Claim
11
United States Courts. New Bankruptcy Claims Transfer Fee to Take Effect May 1
12
Office of the Law Revision Counsel. 18 USC 152 – Concealment of Assets, False Oaths and Claims, Bribery
13
Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine