To file a proof of claim in bankruptcy court, complete Official Form 410, attach copies of the documents that prove the debtor owes you money, and deliver the package to the bankruptcy court handling the case before the filing deadline listed on the Notice of Bankruptcy Case. There is no filing fee. The deadline is strict, and in Chapter 7, 12, and 13 cases, missing it usually wipes out your right to collect from the estate.
Whether You Need to File at All
Not every creditor has to file. It depends on the chapter and on how the debtor listed the debt.
In Chapter 7, the trustee first decides whether the debtor has any assets to distribute. In many cases the answer is no, and you’ll get a notice saying there are insufficient assets to pay a dividend. When that happens, you don’t file yet. If the trustee later finds distributable assets, the clerk mails a new notice giving you at least 90 days to file.1Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest If the case has assets from the start, you must file to get in line.
In Chapter 12 and Chapter 13, every creditor must file a proof of claim for the claim to be allowed.1Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest If you’re not on record, you won’t be included in the plan distributions.
Chapter 11 works differently. The debtor files schedules listing known debts. If your claim is listed there as undisputed, fixed in amount, and liquidated, the schedules serve as your proof of claim and you don’t technically have to file. But if the debt is listed as disputed, contingent, or unliquidated, or if it’s missing or wrong, you must file to protect your right to payment. When in doubt, file. There’s no downside to filing a valid claim even when the schedules look accurate.
The Filing Deadline
The filing deadline is called the bar date, and it is one of the most unforgiving deadlines in bankruptcy practice. The court will not remind you it’s approaching.
In Chapter 7, 12, and 13 cases, non-governmental creditors have 70 days after the bankruptcy petition is filed.1Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest The clock runs from the petition date, not from the date you receive notice. If your notice arrives late, part of your window is already gone.
In Chapter 11 cases, the court sets the bar date by order, and it varies from case to case. The specific date appears on the notice you receive. These deadlines are typically longer than 70 days, but always check.
Government creditors get 180 days after the order for relief in Chapter 7, 12, and 13 cases.1Cornell Law School. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest The court can extend that deadline on motion if the agency shows cause.
The bar date, the case number, the debtor’s name, and the address for filing all appear on the Notice of Bankruptcy Case mailed to known creditors. Keep the notice. You’ll reference it repeatedly.
Filling Out Official Form 410
Every proof of claim uses Official Form 410, which you can download from the U.S. Courts website.2United States Courts. Proof of Claim Errors can delay the claim or draw objections, so fill it out carefully.
Start with information from the bankruptcy notice: the debtor’s full name and the case number. Then enter your own name and the address where you want future court notices sent. Use your current address, because that’s where objection notices and any distribution checks will go.
The form asks for the total amount owed as of the date the bankruptcy case was filed, not the current balance.3United States Courts. Official Form 410 Proof of Claim Include principal, accrued interest, late fees, and any other charges that had built up by the petition date. If you’re unsure of the exact figure, estimate it and note on the form that the amount is approximate. An estimated claim is far better than no claim.
You’ll identify the basis for the debt (goods sold, services rendered, a loan, a lease, or whatever created the obligation) and classify the claim into one of three categories:
- Secured, meaning the debt is backed by collateral such as a mortgage, a car loan, or financed equipment. You describe the collateral and state its value.
- Priority unsecured, meaning debts that get paid before ordinary creditors. Common examples are unpaid wages up to $17,150 per employee, child support, alimony, and certain tax debts.4Office of the Law Revision Counsel. 11 US Code 507 – Priorities
- General unsecured, which covers everything else, including credit card debt, medical bills, trade payables, and personal loans without collateral. These claims are paid last and often receive only pennies on the dollar, if anything.
Classification decides where you sit in the payment order. Claim priority status you’re not entitled to and expect an objection from the trustee.
The form is signed under penalty of perjury. That language is not decorative. Filing a knowingly false claim is a federal crime carrying up to five years in prison.5Office of the Law Revision Counsel. 18 US Code 152 – Concealment of Assets; False Oaths and Claims; Bribery
What to Attach
Attach copies (never originals) of documents that show why the debtor owes you money and how much. Good evidence includes contracts, invoices, account statements, promissory notes, and correspondence acknowledging the debt. The stronger your documentation, the less likely anyone is to challenge the claim.
For a secured claim, you must also include evidence that your security interest has been properly perfected.6Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim Depending on the collateral, that could be a copy of a recorded lien, a certificate of title showing your interest, or a statement explaining that the collateral has been in your possession since a specific date. Without perfection evidence, the trustee may treat your claim as unsecured, and the recovery can drop sharply.
Before you submit anything, redact sensitive information. Show only the last four digits of Social Security numbers and financial account numbers, and include only the birth year (not the full date) for any individual mentioned.7Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9037 – Protecting Privacy for Filings Bankruptcy filings are public records, and the court will not catch redaction failures for you.
How and Where to Send the Claim
You have several ways to deliver the completed form and attachments. The mailing address for the court, and any alternate address for a claims agent, appears on your Notice of Bankruptcy Case.
By mail: send the completed form and all attachments to the bankruptcy court clerk’s office. If you want a file-stamped copy back as confirmation, include a duplicate of the form and a self-addressed, stamped envelope.8United States Courts. Official Form B410 Instructions
In person: deliver the documents to the clerk’s office during business hours.
Electronically through ePOC: many bankruptcy courts offer an Electronic Proof of Claim system on their websites. This is usually the easiest option for individual creditors because it doesn’t require a CM/ECF login. The system walks you through the fields, lets you upload supporting documents, and files the claim directly. Look on the court’s website for a link labeled “File a Proof of Claim” or “ePOC.”
Through a claims agent: in large cases, especially big Chapter 11 filings, the court sometimes appoints a third-party claims agent. If your notice directs you to send the claim somewhere other than the court itself, follow those instructions. The agent files with the court on your behalf.
The courts also run a broader electronic filing platform, CM/ECF, but it’s mostly used by attorneys and trustees.9United States Courts. Electronic Filing (CM/ECF) Some courts allow individual creditors to use it; check whether yours does.
Confirming the Claim Was Received
The clerk does not send automatic confirmation. There are two ways to verify. If you mailed the claim, ask for a file-stamped copy by including a duplicate form and a stamped return envelope. Otherwise, check the court’s electronic records through PACER at pacer.uscourts.gov.8United States Courts. Official Form B410 Instructions PACER charges a small per-page fee to view documents.10United States Courts. Electronic Public Access Fee Schedule
What Happens After You File
Once filed, a proof of claim is presumed valid. Under federal law, a properly filed claim is deemed allowed unless someone objects.11Office of the Law Revision Counsel. 11 US Code 502 – Allowance of Claims or Interests The burden sits on whoever disagrees with the claim, not on you.
The trustee, the debtor, and other creditors can all object to any filed claim.12Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3007 – Objecting to a Claim Common objections dispute the amount owed, challenge priority status, or argue the debt is unenforceable. If someone objects, the court will send you formal notice and schedule a hearing. You’ll have a chance to respond with more evidence, and the court will decide the amount, if any, to allow. Thorough supporting documentation is what makes a claim hard to knock down.
If no one objects, your claim stays on the record at the amount you listed, and you receive a distribution when the trustee pays creditors, assuming there are enough funds to reach your priority level.
Fixing or Withdrawing a Claim
If you spot an error after filing (wrong amount, missing documents, incorrect classification), file a new Form 410 with the corrected information. On the amended form, reference the original claim number and mark it as an amendment. Courts that offer ePOC usually let you amend electronically the same way.
Withdrawing a claim is possible too, but it gets harder once other parties have engaged with it. You can withdraw by filing a notice of withdrawal, unless an objection has already been filed against the claim, a lawsuit has been filed against you as part of the bankruptcy case, or you’ve already voted to accept or reject the debtor’s reorganization plan.13Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3006 – Withdrawing a Proof of Claim; Effect on a Plan After any of those, you need the court’s permission, and the court can attach conditions.
Withdrawing a claim also withdraws any vote you cast on a reorganization plan. Think carefully before pulling a claim in a Chapter 11 case where your vote could matter.
Missing the Bar Date
What happens when a claim is late depends on the chapter.
In Chapter 7, 12, and 13 cases, the bar date is effectively absolute for ordinary creditors. Courts have consistently held they lack discretion to extend it based on excusable neglect. Miss the 70-day window and your claim is disallowed. You get nothing from the estate, even if the debtor plainly owes you the money.11Office of the Law Revision Counsel. 11 US Code 502 – Allowance of Claims or Interests
In Chapter 11, there’s slightly more room. Courts can consider late-filed claims when the creditor shows “excusable neglect” under the Supreme Court’s Pioneer decision, which weighs prejudice to the debtor, the length and impact of the delay, the reason for the delay, and the creditor’s good faith. The reason for the delay carries the most weight, and disorganization rarely qualifies. A notice genuinely lost in the mail has a better chance.
Treat every bar date as hard. The cost of filing early with an estimated amount is trivial compared to the cost of filing one day late and losing the entire claim.
Penalties for a False Claim
Because Form 410 is signed under penalty of perjury, filing a knowingly false or inflated claim carries serious consequences. Presenting a fraudulent claim against a bankruptcy estate is a federal offense punishable by up to five years in prison, a fine, or both.5Office of the Law Revision Counsel. 18 US Code 152 – Concealment of Assets; False Oaths and Claims; Bribery
The bankruptcy court can also impose civil sanctions on anyone who files a document that isn’t well-grounded in fact or is submitted for an improper purpose, including an order to pay the other side’s reasonable expenses and attorney’s fees.14Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9011 – Signing Documents; Representations to the Court These penalties target intentional fraud and bad-faith filings. Honest mistakes on the form won’t get you there, especially if you correct them promptly with an amended claim.