Official Form 410: Proof of Claim Filing and Bar Dates

To file a proof of claim in bankruptcy, you complete Official Form 410, attach documents proving the debt, and submit it to the bankruptcy court where the debtor’s case is pending before the court’s bar date. A properly filed Form 410 counts as presumptive proof that the debt is valid and owed in the amount stated, and it shifts the burden onto anyone who disagrees to file a formal objection.¹ There is no filing fee. Miss the deadline or leave out required documentation, though, and the claim may be disallowed entirely.

In Chapter 7, 12, and 13 cases, every creditor who wants a share of the estate needs to file. Secured creditors should file too if they want a distribution; not filing does not destroy the underlying lien, but the trustee will not pay them from the estate.² Chapter 11 works differently: if the debtor scheduled your debt as undisputed, noncontingent, and in a specific dollar amount, you don’t have to file. If it’s listed as disputed, contingent, or unliquidated, you must file or lose the right to vote on the plan and receive payment.³

Know Your Bar Date

The filing deadline is called the bar date, and it is effectively absolute. In Chapter 7, 12, and 13 cases, most creditors must file within 70 days after the order for relief, which in a voluntary case is the date the debtor filed the petition. Government agencies get 180 days from the order for relief.² In Chapter 11 cases, the court sets its own bar date and communicates it in the notice of commencement.³

Mortgage creditors on a debtor’s primary residence get a two-step deadline. The initial claim and any escrow-account statement must be filed within 70 days. Supplemental documentation proving the lien was properly recorded, along with the underlying loan documents, must be filed within 120 days of the order for relief.²

The bar date is not a deadline the court can extend on general “excusable neglect” grounds. Extensions are available only in the narrow circumstances spelled out in Rule 3002(c).⁴ Assuming a judge will grant extra time because the notice got lost in a corporate mailroom is a gamble that rarely pays.

Gather the Debt Information

Before filling out the form, pull everything you have about the debt as it existed on the date the bankruptcy petition was filed. Form 410 asks for:

The debtor’s name and case number
Your name and mailing address as the creditor
The total amount owed as of the petition date
An itemized breakdown if the claim includes anything beyond principal, such as interest, late fees, or collection costs that accrued before the petition¹
Whether the claim is contingent, unliquidated, or disputed

A contingent claim depends on a future event that may or may not happen, like a guarantor’s liability that kicks in only if the primary borrower defaults. An unliquidated claim is one where you know money is owed but the exact amount has not yet been fixed. A disputed claim is one the debtor disagrees with. Check the boxes honestly. Marking a claim as disputed does not prevent it from being allowed if the evidence supports it.

Classify the Claim Correctly

Form 410 asks you to classify the debt into one of three categories, and the classification determines where you fall in the payment line.

A secured claim is backed by collateral such as a house, car, or piece of equipment. The secured portion is limited to the value of the collateral; anything above that value becomes an unsecured claim. A mortgage creditor whose debt exceeds the home’s value has a secured claim up to the home’s value and an unsecured nonpriority claim for the rest.

An unsecured priority claim gets paid ahead of general unsecured creditors. The most common priority categories include domestic support obligations such as child support and alimony, certain employee wages earned within 180 days before the petition (up to $17,150 per person as of April 2025), and tax debts owed to government agencies.⁵

An unsecured nonpriority claim covers everything else: most trade debt, credit card balances, and personal loans. These get paid last and often receive only a fraction of the amount owed, if anything.

Attach the Supporting Documents

Proof of the debt is not optional. When a claim is based on a written agreement, attach the original document or a copy. If the original has been lost or destroyed, include a written explanation of what happened to it.¹ Typical supporting documents include loan agreements, invoices, account statements, contracts, and court judgments.⁶

Secured creditors need more. The claim must include evidence that the security interest was properly perfected, such as a recorded mortgage deed, a UCC-1 financing statement, or a certificate of title.⁶ In an individual debtor case, include a statement of the amount needed to cure any default as of the petition date.¹

Claims based on a credit card or other revolving consumer-credit agreement carry an extra requirement. Attach 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.¹ The rule exists because credit card debts are frequently resold, and the court needs a clear chain of ownership.

Redact Before You File

Every document attached to the claim must be redacted first. Social Security numbers, taxpayer identification numbers, and financial account numbers can show only the last four digits. Dates of birth show only the year, and a minor’s name is replaced with initials.⁷ Never submit original documents. Courts routinely destroy paper attachments after scanning them.

Submit the Form to the Court

Form 410 goes to the specific bankruptcy court district where the debtor’s case is pending. Most 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. You upload supporting documents as PDFs, and after submission the claim is posted to the court’s docket immediately, with an on-screen confirmation and a stamped copy of the filed form.

Attorneys already registered with the court’s Case Management/Electronic Case Files (CM/ECF) system can file through CM/ECF instead. Either method produces an instant electronic record.

If electronic filing is not available to you, the signed form and all supporting documents can be mailed to the clerk of the bankruptcy court. In very large cases, the court may appoint a claims agent to receive filings instead of the clerk. When mailing, include an extra copy of the form and a stamped, self-addressed envelope so the court can return a file-stamped confirmation.

Sign the form. Every Proof of Claim must be signed, and the signature constitutes a declaration under penalty of perjury that the information is true and correct. It also certifies that you conducted a reasonable inquiry before filing and are not submitting the claim for an improper purpose like harassment or delay.⁸

What Happens After You File

Once filed, the claim is deemed allowed unless someone objects.⁹ Many claims sail through without any 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 you at least 30 days before the scheduled hearing or the deadline for you to request one.¹⁰ Once an objection is filed, the claim loses its presumption of validity and you carry the burden of proving the debt is legitimate and owed in the amount claimed. Common grounds for disallowance include debts unenforceable under applicable law, claims for unmatured interest, and claims where proof was not timely filed.⁹ Sloppy documentation is the easiest way to lose an objection fight.

Fixing or Updating a Filed Claim

If the original claim contained an error, whether in the dollar amount, the classification, or the supporting documents, you can 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. Amendments 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 withdraw a claim, file a notice of withdrawal with the court. Withdrawal is not always freely available: you cannot withdraw without court approval if an objection has already been filed against the claim, if an adversary proceeding has been filed against you, or if you have already voted on a reorganization plan or otherwise participated significantly in the case.¹¹ Unless the court says otherwise, pulling the claim also withdraws any vote you cast on a plan.

If a claim is sold or assigned after filing, the new owner must file evidence of the transfer. The clerk notifies the original creditor, who has 21 days to object. If nothing is filed, the new owner is substituted as the claim holder.¹ A court fee of roughly $28 per claim applies to each transfer.

Ongoing Duties for Mortgage Creditors in Chapter 13

If you hold a mortgage in a Chapter 13 case and the monthly payment amount changes for any reason, you must file a notice of the change at least 21 days before the new payment comes due, using supplemental Form 410S-1 served on the debtor, the debtor’s attorney, and the trustee. A late notice of an increase pushes the new amount out by at least 21 days from when the notice actually lands; a decrease takes effect on the original due date regardless. Post-petition fees, expenses, or charges you want to recover from the debtor or the property must be itemized on Form 410S-2 and filed within 180 days after they are incurred.¹²

If You File Late

A tardy claim is not automatically thrown out, but it drops to the back of the payment line. Timely priority claims are paid first, then timely general unsecured claims, then late claims from creditors who had no notice of the case in time to meet the deadline, then everyone else who filed late.¹³ In most Chapter 7 cases, there is barely enough money to pay timely filers. If a party objects to a late claim, the court must disallow it unless the creditor falls into one of the narrow tiers that permit tardy filing.⁹

False Claims Carry Real Penalties

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.¹⁴

Short of criminal prosecution, the bankruptcy court can impose civil sanctions on any creditor or attorney who files a claim without a reasonable investigation into its accuracy. Sanctions are limited to what the court considers necessary to deter the behavior and can include monetary penalties, an order to pay the other side’s attorney fees, or nonmonetary directives like requiring the filer to adopt better verification procedures.⁸ These sanctions hit hardest when a filed claim is wildly inflated or when a creditor uses automated systems to file claims across many cases without any human review.

1
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3001 – Proof of Claim
2
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002 – Filing Proof of Claim or Interest
3
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3003 – Chapter 9 or 11 Filing a Proof of Claim or Equity Interest
4
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9006 – Computing and Extending Time
5
Office of the Law Revision Counsel. 11 USC 507 – Priorities
6
United States Courts. Official Form 410 – Proof of Claim
7
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9037 – Protecting Privacy for Filings
8
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 9011 – Signing Documents Representations to the Court Sanctions
9
Office of the Law Revision Counsel. 11 USC 502 – Allowance of Claims or Interests
10
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3007 – Objecting to a Claim
11
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3006 – Withdrawing a Proof of Claim Effect on a Plan
12
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 3002.1 – Chapter 13 Claim Secured by a Security Interest in the Debtors Principal Residence
13
Office of the Law Revision Counsel. 11 USC 726 – Distribution of Property of the Estate
14
Office of the Law Revision Counsel. 18 USC 152 – Concealment of Assets False Oaths and Claims Bribery