If you got noticed in someone else's bankruptcy and you are owed money, this is how you file. Free, no attorney required, but the deadline is unforgiving.
The bankruptcy court's notice tells you the case number, the bar date (deadline), and whether the case is currently expected to have assets to distribute.
If the notice says 'no assets available for distribution,' filing a claim is usually pointless. If it says assets are expected or unknown, file on time.
Most claims take 30 to 60 minutes to prepare and file. The form is the same in every U.S. bankruptcy court.
Check the bankruptcy notice you received. The 'claims bar date' is the cutoff for filing your proof of claim. Missing it usually means losing the right to share in any distribution.
Bar dates differ by chapter. Most Chapter 7 and Chapter 13 cases set a 70-day window from the petition date. Government creditors get 180 days.
Download Official Form 410 from uscourts.gov. This is the standard proof-of-claim form used in every U.S. bankruptcy court. There is no fee to file.
Enter the case name, case number, and the court (district). The case caption from the notice you received has all of this. Then enter your name and address as the creditor.
State the dollar amount owed as of the petition date. Pick a basis (loan, contract, services rendered, judgment, etc.). If the claim is secured, indicate the collateral; if priority, indicate the priority section.
Attach supporting documents: contracts, invoices, statements, judgments. The form requires this; a bare claim with no documentation is at high risk of objection.
Sign the certification at the end. Filing a fraudulent claim is a federal crime under 18 U.S.C. ยง 152; the certification is not a formality.
Most courts accept electronic claim filing through the court's CM/ECF system or a free claims portal (epoq, BMC, KCC, Stretto, etc., depending on the case).
If electronic filing is not available, mail to the bankruptcy court for the district. The case notice has the address. Send a copy to the trustee at the address on the notice.
Trustees and debtors can object to claims. If your claim is challenged, you will receive notice. Respond by the deadline; ignoring an objection usually results in the claim being disallowed or reduced.
Late charges, fees, and interest that accrued after the case was filed do not count toward the claim. Use the balance as of the day the case was filed.
A claim for $5,000 with no documentation invites objection. Attach the contract, the invoice, the statement, the judgment, whatever proves the debt.
Filing with the court is not enough. Mail or email a copy to the trustee at the address on the notice. This is required by most local rules.
If you have collateral, file a secured claim. The court still needs to know what is owed; relying on the collateral alone can leave you with no remedy if the asset is sold for less than the debt.
If you discover a mistake after filing, file an amended claim with the same number. Do not file a second separate claim - that creates two claims for the same debt.
Only if you want to share in any distribution from the estate. If the bankruptcy notice you received says "no assets available for distribution," filing a claim usually does nothing; if there are assets, you must file by the bar date or be excluded.
Late claims are generally disallowed under Bankruptcy Rule 3002(c). Limited exceptions exist for excusable neglect under Rule 9006(b), but they are rare. File on time.
No. Filing a proof of claim is free. There is also no fee to amend a previously-filed claim.
Yes. Most U.S. bankruptcy courts have a free creditor claims portal that lets non-attorneys file proofs of claim without a CM/ECF account. The case notice usually includes the URL.
A secured claim is backed by specific collateral (a car loan, a mortgage). An unsecured claim has no collateral (credit card, medical bill, judgment). Secured claims are paid first from collateral proceeds; unsecured claims share whatever is left.
You will receive a notice with a hearing date. File a response by the deadline (usually 30 days), explain why your claim is valid, and attach any additional supporting documents. Many objections are resolved without a hearing if both sides communicate.
After you file: