How to File a Proof of Claim
A proof of claim is a written statement telling the bankruptcy court how much money the debtor owes you and why. Filing one is how you get onto the list of creditors eligible to receive a distribution from the estate. If you don't file by the deadline, your claim may be permanently disallowed – even if the debt is legitimate.
What is a proof of claim in bankruptcy?
Under Federal Rule of Bankruptcy Procedure 3001, a proof of claim is a document filed with the bankruptcy court that establishes a creditor's right to payment from the debtor's estate. It identifies the creditor, states the amount of the claim, describes the basis for the debt (invoices, contract, judgment, etc.), and declares the claim's priority status. Filing a valid proof of claim entitles you to receive notice of and vote on any plan of reorganization (in Chapter 11) and to receive a distribution if assets exist.
What is the deadline to file a proof of claim?
The deadline is called the bar date. It varies by chapter:
- Chapter 7: Generally 70 days after the petition date (FRBP 3002(c)). The court mails a Notice of Chapter 7 Bankruptcy Case to all listed creditors that states the exact bar date.
- Chapter 11:Set by court order, typically announced in a separate "bar date order." Common deadlines are 60–120 days from the petition date. The bar date order is published in the legal notices and on the PACER docket.
- Chapter 13: Generally 70 days after the order for relief (same as Chapter 7), unless the court sets a different date.
Missing the bar date is almost always fatal to your claim. Courts rarely grant extensions except for creditors who had no notice of the bankruptcy case.
What form do you use to file a proof of claim?
Use Official Form B410 (Proof of Claim), available free at uscourts.gov/forms/bankruptcy-forms. The form asks for:
- Creditor name and contact information
- Total amount of the claim as of the petition date
- Basis for the claim (invoices, contract, goods sold, services rendered, etc.)
- Whether any portion of the claim is secured or has priority status
- Last four digits of any account number
- Whether you have a lien or right of setoff
Attach copies of supporting documents: invoices, contracts, purchase orders, account statements, or a summary if the full records are voluminous.
How do you file a proof of claim?
There are two methods:
- Electronic filing via PACER/ECF: If you have a PACER account with CM/ECF filing access, you can file electronically. This is the fastest method and generates a timestamped docket receipt. Individual creditors not represented by counsel can register for a limited ECF account.
- Mail to the clerk of court: Address the completed Form B410 and supporting documents to the clerk of the bankruptcy court where the case is pending. Use certified mail with return receipt and allow sufficient time for delivery before the bar date. Keep your certified mail receipt as proof of timely filing.
In large Chapter 11 cases, the debtor often appoints a claims agent (a private company) to process all proofs of claim. The bar date notice will specify whether to file with the court or with the claims agent.
What documents do you need to support your claim?
- Invoices for all unpaid amounts, referencing the purchase orders or contracts
- Delivery confirmations or signed receipts for goods delivered
- The contract or master supply agreement, if applicable
- Any account statements or aging reports showing the outstanding balance
- For 503(b)(9) claims: proof of delivery date for goods received within 20 days of filing
- For secured claims: the security agreement and UCC filing information
What happens after you file your proof of claim?
The trustee or debtor-in-possession reviews all proofs of claim. If they dispute your claim (amount, priority, or validity), they will file an objection to claim, and the court will schedule a hearing. If no objection is filed, your claim is deemed allowed at the stated amount. Allowed claims receive distributions according to the priority rules: secured claims first, then administrative expenses, then priority unsecured claims (wages, taxes), then general unsecured claims.
Missed the filing? The bar date matters – know before it's too late.
CaseWarn alerts you the morning after a filing is detected – typically 18 days before the official trustee creditor notice arrives.
Start monitoring free →Quick reference: proof of claim checklist
- Locate the bar date on the court notice or PACER docket
- Download Official Form B410 from uscourts.gov
- Gather all invoices and delivery confirmations
- Identify any 503(b)(9) portion (goods received in last 20 days)
- Complete the form – state the total amount as of the petition date
- Attach supporting documents
- File electronically via PACER or mail certified to the court/claims agent
- Keep a copy with your proof of filing