A proof of claim in bankruptcy is the official document a creditor files with the bankruptcy court to show that the debtor owes them money and to get in line for any distribution from the case. The form is free to file, most courts accept it online, and the deadline is strict. Miss it, attach the wrong paperwork, or check the wrong box, and you can be cut out of the case entirely.
Why Filing Matters
When a debtor files bankruptcy, the court takes control of sorting out who gets paid. Federal law gives every creditor the right to submit a proof of claim, and once yours is on file it carries a legal presumption of validity: the court treats the claim as good unless the debtor, the trustee, or another creditor formally objects.1Office of the Law Revision Counsel. 11 USC 501 – Filing of Proofs of Claims or Interests2Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests
The trustee distributes whatever assets exist based on the pool of allowed claims. No claim, no share.
When You May Not Need To File
Not every case has money to distribute. In many Chapter 7 cases the trustee reviews the debtor’s assets, finds nothing available, and the court sends a notice of no distribution telling creditors not to file. Hold onto that notice. If the trustee later finds assets, a new notice with a fresh deadline goes out, and you can file then.
Chapter 11 and Chapter 9 work differently. If the debtor’s schedules already list your claim as undisputed, liquidated, and not contingent, a separate proof of claim may be unnecessary. If your debt is listed as disputed, contingent, or unliquidated, you must file or you lose your voting rights and any distribution.3Legal Information Institute (LII) / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3003 – Chapter 9 or 11 Filing a Proof of Claim or Equity Interest When in doubt, file. There is no downside to filing when you didn’t have to; the downside of not filing when you should have is total.
The Form and What It Asks
Every creditor uses Official Form 410, available free on the U.S. Courts website.4United States Courts. Proof of Claim It asks for the debtor’s name, the case number, your name and address for notices and payments, the total owed as of the petition date, and a brief description of why the debtor owes you.
Then it asks you to categorize the debt, and the category matters:
- Secured. The debt is backed by collateral such as a vehicle, real estate, or equipment. You describe the collateral and state its value. A secured creditor who files as unsecured can lose the benefit of their collateral position.
- Unsecured. No collateral. Most trade debts, credit card balances, and medical bills sit here.
- Priority. Certain unsecured debts jump ahead in line. Unpaid employee wages earned within 180 days before the filing (up to $17,150 per person for cases filed after April 2025) and certain tax debts qualify. A creditor entitled to priority who doesn’t claim it is paid last as a general unsecured creditor.5Office of the Law Revision Counsel. 11 USC 507 – Priorities
The form is signed under penalty of perjury. If an attorney or servicing agent signs on the creditor’s behalf, they check the appropriate box and provide their own contact information. No power of attorney needs to be attached.6United States Courts. Proof of Claim Official Form 410
Documents You Need To Attach
A bare form with no backup invites an objection. Federal Rule of Bankruptcy Procedure 3001 requires supporting documentation depending on the type of debt.7Legal Information Institute (LII) / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim If the debt is based on a written agreement, attach it: the promissory note, contract, invoice, or whatever writing created the obligation. For secured claims, attach evidence that the security interest was properly recorded, such as a filed UCC financing statement or a recorded mortgage.
Claims on open-end credit accounts, like credit cards, have extra requirements. You must include a statement showing the name of the original creditor if the account was purchased, the date of the last transaction, the date of the last payment, and the date the account was charged off.8Federal Rules of Bankruptcy Procedure. Rule 3001 – Proof of Claim Debt buyers who skip this get challenged most often.
Redact Before You File
Before attaching anything, scrub it for sensitive data. Bankruptcy Rule 9037 requires that any filing containing a Social Security number show only the last four digits. The same applies to taxpayer identification numbers, birth dates, names of minors, and financial account numbers. That responsibility is yours, not the clerk’s, and failing to redact can expose you to sanctions.9Legal Information Institute (LII) / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 9037 – Protecting Privacy for Filings
How To File
Filing costs nothing. The bankruptcy court fee schedule does not charge for proofs of claim.10United States Courts. Bankruptcy Court Miscellaneous Fee Schedule You have three ways to get the claim to the court.
- ePOC (Electronic Proof of Claim). More than 35 bankruptcy courts offer an online portal built specifically for proofs of claim. No CM/ECF account or attorney credentials required. The system walks you through a virtual Form 410, lets you attach documents, and returns a filed PDF. For most creditors, this is the easiest path.
- CM/ECF. Attorneys and trustees with existing accounts on the federal courts’ Case Management/Electronic Case Files system can file directly. This requires a PACER account and court-specific credentials.11United States Courts. Electronic Filing (CM/ECF)
- Mail. Send a paper Form 410 with all attachments to the clerk of the bankruptcy court where the case is pending. Include a self-addressed stamped envelope and a duplicate; the clerk returns a file-stamped copy as your receipt.
Keep your confirmation. Electronic systems generate an immediate notice of filing; for mailed claims, the stamped copy is your proof. You may need it later if someone disputes whether you filed on time.
Deadlines
Every case has a bar date, the final deadline for filing claims. Miss it and the court will almost certainly disallow your claim. The default deadlines depend on the chapter:
- Voluntary Chapter 7, 12, or 13: 70 days after the order for relief (which is the petition date in a voluntary case) or after conversion to one of these chapters.12Legal Information Institute (LII) / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest
- Involuntary Chapter 7: 90 days after the order for relief.
- Government agencies: 180 days after the order for relief. The IRS and state tax authorities get this extended window.
- Chapter 11 and Chapter 9: the court sets the bar date case by case. There is no default. Read the court’s notice carefully.3Legal Information Institute (LII) / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3003 – Chapter 9 or 11 Filing a Proof of Claim or Equity Interest
You’ll get the specific bar date in a formal notice from the court soon after the case is filed. Put it on your calendar the day it arrives.
If You Miss the Deadline
Missing the bar date isn’t always fatal, but the path back is narrow. Courts can accept a late claim on a showing of “excusable neglect.” Judges weigh whether the delay would prejudice other parties, how long the delay lasted, the reason for it, and whether the creditor acted in good faith. A clerical misreading of the deadline sometimes qualifies. Indifference does not. The burden is entirely on the late filer.
If Someone Objects to Your Claim
Filing isn’t the finish line. The debtor, the trustee, or another creditor can object, and if they do, the court holds a hearing. The objection must be filed and served on you at least 30 days before the hearing.13Legal Information Institute (LII) / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3007 – Objecting to a Claim If you do nothing, the court will sustain the objection and your claim is disallowed. Responding is not optional.
Common grounds for disallowance include a debt that isn’t enforceable against the debtor under applicable law (for example, one barred by the statute of limitations), interest that hadn’t accrued as of the petition date, and a late-filed claim.2Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests Local rules vary on the exact procedure, so check the rules for the specific court.
Amending or Withdrawing Your Claim
Mistakes happen. If the amount is wrong, the wrong documents were attached, or something else needs updating, you can file an amended proof of claim on the same Form 410 using any of the same filing methods. Reference the original claim number and mark it as an amendment.
Withdrawing a claim is also possible, but restricted. You can pull your claim by filing a notice of withdrawal only if no one has objected, you haven’t been named in an adversary proceeding tied to the claim, and you haven’t already voted on a reorganization plan.14Legal Information Institute (LII) / Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3006 – Withdrawing a Proof of Claim Once any of those things happens, you need court permission. A withdrawal also pulls back any vote you cast on a plan unless the court says otherwise.
Filing a False Claim Is a Federal Crime
The perjury declaration on Form 410 is not a formality. Knowingly filing a false proof of claim is a federal offense under 18 U.S.C. ยง 152, punishable by up to five years in prison, a fine, or both.15Office of the Law Revision Counsel. 18 USC 152 – Concealment of Assets; False Oaths and Claims; Bribery That covers fraudulent claims presented directly or through an agent or attorney. Short of prosecution, the bankruptcy court can impose sanctions on anyone who signs without a good-faith belief that the claim is accurate and supported, including orders to pay the other side’s attorney fees. Inflating an amount, fabricating documentation, or filing against someone who doesn’t actually owe you money are the kinds of conduct that trigger these consequences.