Bankruptcy court · Claims
Proof of Claim
Asserts a creditor’s claim against the estate.
Filed by: Creditor
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Official Form 410
- Writing on which the claim is based (FRBP 3001(c)(1))
- Evidence of perfection for a secured claim (FRBP 3001(d))
- Itemized statement and mortgage attachments for claims secured by the debtor’s principal residence (FRBP 3001(c)(2))
- Redactions required by FRBP 9037
Deadline and length
Deadline: Chapter 7, 12 and 13: within 70 days after the petition date, with exceptions (FRBP 3002(c)); chapter 11: by the bar date the court fixes (FRBP 3003(c)(3)).
Governing rules
- 11 U.S.C. § 501
- FRBP 3001
- FRBP 3002
- FRBP 3003
- Official Form 410
Check the local rules for
- Claims-agent filing procedures in large chapter 11 cases
Applies in federal bankruptcy courts. Find your court for its local requirements.
Other claims
Prepare this filing with DraftAria.
Track the deadline, service and filing checklist alongside the rest of the matter.