How to File a Proof of Claim in Bankruptcy: A Complete Guide for Creditors

Claim Filing Deadlines by Chapter

How to File Proof of Claim in Bankruptcy Court

Electronic filing through CM/ECF became mandatory for institutional creditors in March 2022, streamlining the bankruptcy claims process. The system processed 3.7 million claims electronically during 2025. Paper filing remains available for individuals without accounts. Start by obtaining PACER credentials. Registration costs nothing.

Document viewing charges $0.10 per page with quarterly caps at $35 for 2025. Courts automatically notify creditors listed in debtor schedules of bankruptcy filings, but smart creditors monitor their customers independently through PACER searches rather than waiting for notices that sometimes arrive late or get misdirected to wrong addresses.

Compile essential information before starting bankruptcy Form 410. You need the case number, debtor's precise legal name, and documented claim amount. Supporting evidence must accompany your filing.

The bankruptcy petition date freezes your claim amount permanently. Post-petition interest stops accruing except for oversecured creditors whose collateral value exceeds their debt. Calculate your exact claim amount as of the petition filing date, not today's date. This distinction matters enormously.

Monitor the docket continuously after filing. Debtors object to bankruptcy claims routinely. The median objection arrives 203 days after claim filing in Chapter 11 cases according to USCOURTS data published June 2025. You receive 30 days to respond. Miss that deadline and your claim disappears.

Bankruptcy Claim Form 410

Official Form 410 contains four critical parts requiring meticulous attention in bankruptcy proceedings. Part 1 identifies you as the creditor. Include your legal name exactly as it appears on corporate documents. Provide your complete mailing address. Add an email address for faster court communications.

Corporate creditors must state their incorporation state. Courts reject incomplete bankruptcy forms without notification. You discover rejection only when distributions occur and you receive nothing.

Part 2 specifies your claim amount and classification. Choose secured, unsecured priority, or unsecured nonpriority. This choice determines payment order in bankruptcy cases. Misclassification costs you money directly.

Part 3 applies to secured claims in bankruptcy. Describe collateral with enough detail that trustees can locate it. Vehicle identification numbers work for cars. Property addresses work for real estate. Equipment serial numbers work for machinery. Vague descriptions like "office equipment" invite objections and rejections.

Required attachments for common claim types: trade credit claims need invoices, delivery receipts, account statements showing payment history, and contracts establishing payment terms; loan claims require promissory notes, loan agreements, payment histories, and payoff calculations as of petition date; tort claims need court judgments, settlement agreements, or detailed damage calculations with supporting documentation; lease claims require lease agreements, rent rolls, property valuations, and calculations of future rent obligations; tax claims need assessment notices, payment histories, and statutory authority citations.

Bankruptcy Meeting of Creditors

The 341 meeting gives creditors their only chance to examine debtors under oath. Section 341(a) mandates these meetings occur within 40 days of petition filing. Bankruptcy trustees conduct proceedings, not judges. Courts never appear at 341 meetings.

Creditor attendance remains voluntary in most cases. Attendance averaged 9.7% in Chapter 7 cases during 2025. Chapter 11 cases saw 38.2% attendance. Larger stakes drive higher participation.

Meetings occur in hearing rooms rather than courtrooms. Debtors testify under oath about finances, assets, and pre-bankruptcy transactions. Trustees question debtors about petition accuracy and potential concealment. The questioning follows predictable patterns making preparation straightforward for experienced creditors.

Trustees examine seven core asset categories systematically: real property including primary residences, investment properties, vacation homes, inherited land, and undeveloped lots with precise fair market valuations; vehicles covering automobiles, motorcycles, watercraft, recreational vehicles, and aircraft with corresponding loan balances and equity calculations; financial accounts including checking, savings, money markets, certificates of deposit, and brokerage accounts with exact balance statements; business interests covering corporations, partnerships, LLCs, and sole proprietorships with ownership percentages and business valuations; retirement accounts including 401(k) plans, traditional IRAs, Roth IRAs, pension benefits, and deferred compensation arrangements; personal property including jewelry collections, artwork, antiques, firearms, professional tools, and household goods exceeding exemption limits; pre-bankruptcy transfers to relatives, business partners, or insiders occurring within look-back periods ranging from 90 days to four years.

Creditor Bankruptcy Representation

Attorney representation multiplies recovery amounts substantially. Represented creditors recovered 4.3 times more than pro se creditors in Chapter 11 cases during 2025 according to American Bankruptcy Institute's Annual Survey published August 2025. Legal fees vary dramatically. Smart creditors weigh costs against potential recovery.

Four situations justifying immediate attorney hiring: claims exceeding $75,000 warrant counsel as fees average 9-14% of recovered amounts with contingency arrangements available; secured creditors holding properly perfected liens need counsel ensuring adequate protection orders and contesting lowball collateral valuations; creditors facing preference actions or fraudulent transfer allegations require specialized defense preventing judgment exposure; large unsecured creditors joining official creditors' committees receive estate-paid attorney fees under Section 503(b)(3)(D).

Bankruptcy attorneys monitor developments continuously. They file objections to problematic plan confirmations, inadequate disclosure statements, and sweetheart asset sales. Attorney-prepared objections obtained favorable modifications in 71% of Chapter 11 cases during 2025 according to Turnaround Management Association data.

In a Bankruptcy Who Gets Paid First

Distribution follows strict Section 507 statutory priorities without exception in bankruptcy proceedings. Administrative expenses get paid before anyone else. Administrative costs consumed 37.2% of Chapter 7 assets during 2025 according to the U.S. Trustee Program's Annual Report published October.

Priority creditors receive payment in this exact order: administrative expenses in bankruptcy including trustee fees averaging $2,800 per case, attorney fees averaging $8,400 per case, and accountant fees; gap claims arising between involuntary petition filing and relief order issuance in the rare involuntary cases; wage claims for employees capped at $15,150 per employee for services within 180 days pre-petition; employee benefit contributions up to $15,150 per employee for services within 180 days before filing; consumer deposits for undelivered goods or services capped at $3,350 per consumer for deposits made before petition filing; alimony and child support claims owed to former spouses or children without dollar limits; tax claims including federal, state, and local obligations with look-back periods varying from one to three years depending on tax type.

Equity holders receive distributions only after complete creditor satisfaction. Shareholders recover nothing in 99.7% of bankruptcy cases. The priority system explicitly subordinates ownership to all creditor classes without exception.

Frequently Asked Questions

Can creditors sell their bankruptcy claims to third-party investors before receiving distributions?
Creditors can sell bankruptcy claims freely to investors or claims-purchasing firms, though court notification and sometimes approval is required depending on claim type.

What happens if the bankruptcy trustee never responds to a properly filed proof of claim?
Bankruptcy claims filed properly are deemed allowed automatically after the objection period expires without trustee or debtor challenge, entitling creditors to distributions without further action.

Are there different electronic filing requirements for foreign creditors filing claims in U.S. bankruptcy cases?
Foreign creditors must obtain PACER accounts and file electronically using the same CM/ECF system as domestic creditors, with no special accommodations for international filers.

Can creditors file late claims after the bar date expires if they never received official notice?
Creditors proving they lacked actual knowledge of bankruptcy proceedings can file late claims under Rule 3002(c)(3), but must demonstrate excusable neglect through detailed evidence.

How do creditors challenge the bankruptcy plan's proposed treatment of their claim classification?
Creditors object to bankruptcy plan confirmation under Section 1129(a)(1) by filing written objections before confirmation hearings arguing improper classification or unfair discrimination against their class.