As a creditor, in order to be paid in a bankruptcy case you will almost always have to file a form in the bankruptcy court called a Proof of Claim form. The form is not particularly complicated, but there are pitfalls that you need to watch out for. In fact, if you are a small business person or an individual with little experience in the bankruptcy court, you will almost always be better off hiring a qualified bankruptcy attorney to help you.


Many attorneys will charge a nominal fee for helping you complete the form and file it with the court. 

• To learn more about what happens after the form is filed, see What Happens After I File the Bankruptcy Claim Form? 

What is the deadline for filing a claim form?

First of all, for almost all cases there will be a deadline for filing the form. If you miss the deadline, your claim may be disallowed by the court or put at the end of the line for payment. 

Chapter 7 no-asset case: there is no deadline unless assets become available. You will be notified by the court if this happens.

Chapter 7 asset case: 90 days after the date set for the meeting of creditors. This date will be set forth in the Notice of Commencement of Case.

Chapter 13 case: 90 days after the date set for the meeting of creditors. This date will be set forth in the Notice of Commencement of Case.

Chapter 11 case: you will be notified by the court when to file a proof of claim form.

What form do I file?

Here is a link to the official form.

You can fill it in and print it off, or you can print it and complete it by hand. Be sure to read the instructions on Page 2 of the form, but also be aware that there are pitfalls for the wary. You can fill out and file the form yourself, but we strongly advise you to seek the advice of a qualified attorney. That is why we do not give you specific instructions for what to put in the form. That information is as unique as your personal situation. 

Also be aware that even though this is an official form, it is not necessary that you use this exact form. Often, attorneys are faced with special circumstances or claims that don’t fit the norm (like a property settlement claim for property that hasn’t been reduced to cash). They will produce their own form, with many of the same elements as the official form, and a lot more.

In fact, courts receive letters daily from creditors saying little more than “the debtor owes me $XXXX.” The court will often treat those letters as an informal proof of claim form.  

What do I put in the blanks?

The form itself has some handy instructions on Pages 2 and 3. Be sure to read them all before you start filling out the form. 

Boxes 1 through 3 are pretty self explanatory.

For Box 4, you will need to know whether your debt is secured or unsecured (click on the links to learn more).

If unsecured, skip this box.

If your debt is secured, you have collateral for the debt. You need to know the value of the collateral as of the date the bankruptcy case was filed. 

If the collateral is worth less than the amount of the debt, the amount of the secured claim is the value of the collateral. The remainder is considered unsecured in a bankruptcy case. You set out those amounts in the blanks to the right.

Add the Annual Percentage Rate.

Box 5 can be tricky. This box refers to priority claims. Those are unsecured claims in a special category that receive special treatment in bankruptcy cases. They are usually paid before other unsecured claims. They include recent wages and benefits owed to employees of the bankrupt entity, recent taxes, domestic support obligations like alimony or child support

If you are an employee of a company that has filed a bankruptcy case, you will probably need more information and advice that we cannot provide in these posts. But, to help you understand the process a little better, check out our article When Your Company Files Chapter 7 Bankruptcy.

If you are owed a domestic support obligation, you might be interested in our series of articles on that subject. Start with When Your Ex-Spouse Files Bankruptcy.

What do I include with the form?

At a minimum, you will include a copy of any contracts you have with the debtor: a promissory note, security agreement for collateral, I.O.U., treatment agreement, sales receipt, etc. You will also need to provide an accounting or a statement of how you came up with the total of the debt you claim is owed. It will need to show any payments that have been made on the account or charges that were made to the account after the initial debt was incurred. 

Some debts may be hard to quantify. For instance, if you've been in a car accident, but you don't know the total amount of damages yet, it may be necessary to estimate what you think you’re entitled to, or to file a claim for a conditional amount.

Where do I file the claim form?

In a Chapter 7 or a Chapter 11 case, the Notice of Commencement of Case or the Notice to File Claims sent to all creditors will include the address for filing the claim form. In a Chapter 13 case, the claim form will be filed with the Chapter 13 trustee assigned to the case. Usually, either the trustee or the court will send a notice to creditors with the filing information.

All bankruptcy attorneys will have the capability of filing the claim forms online.