Proof of Claim (Bankruptcy)
Prepares a complete proof of claim for filing with the U.S. Bankruptcy Court, compliant with FRBP 3001 and Official Form B 410.
Prerequisites
- Case information — debtor name, case number, court, chapter, bar date
- Creditor information — legal name, address, authorized agent
- Claim basis — contract, promissory note, invoice, judgment, statutory, tort
- Claim amount — principal, interest (rate and calculation), fees, costs
- Security interest (if secured) — collateral description, lien perfection documents, valuation
- Priority status (if priority) — statutory basis under § 507(a)
- Supporting documents — contracts, invoices, account statements, UCC filings, judgments
Quick Start
- Confirm bar date and calculate days remaining — this is jurisdictional
- Gather all prerequisites above; request missing items before drafting
- Calculate total claim as of petition date using the claim calculation table below
- Draft Form B 410 Parts 1–4 per the output structure
- Attach all supporting documentation per FRBP 3001(c)
- Include signature block with penalty-of-perjury declaration
Output Structure
Part 1: Claim Information
| Field |
Value |
| Debtor name and case number |
[From case info] |
| Creditor name and mailing address |
[From creditor info] |
| Claim amount as of petition date |
[Calculated total] |
| Basis for claim |
[Category and description] |
| Post-petition interest/charges |
[Yes/No — note separately] |
| Subject to setoff |
[Yes/No — describe if yes] |
Part 2: Secured Claim
Complete only if claim is secured:
- Collateral value — real property, personal property, or other (state valuation basis)
- Perfection basis — mortgage, deed of trust, UCC filing, or judicial lien
- Secured amount — lesser of claim amount or collateral value per § 506(a)
- Unsecured deficiency — difference if undersecured
- Attach evidence of perfection
Part 3: Priority Claim
Complete only if claiming priority under § 507(a):
| Priority Category |
Statutory Basis |
| Domestic support obligations |
§ 507(a)(1) |
| Wages/salaries (180-day window, statutory cap) |
§ 507(a)(4) |
| Employee benefit plan contributions |
§ 507(a)(5) |
| Tax claims |
§ 507(a)(8) |
State the amount entitled to priority.
Part 4: Supporting Documentation
Attach per FRBP 3001(c):
| Claim Type |
Required Attachment |
| Based on a writing |
The writing itself (contract, note, invoice) |
| Secured |
Evidence of perfection (recorded mortgage, UCC filing) |
| Open-end / revolving credit |
Account statement |
| Filed by assignee |
Documentation of full assignment chain |
Signature and Declaration
- Penalty-of-perjury declaration
- Authorized representative name and capacity
- Filing agent information (if applicable)
Claim Calculation
All amounts calculated as of the petition date:
| Component |
Amount |
Basis |
| Principal |
$ |
Contract/invoice amount |
| Pre-petition interest |
$ |
Rate × period (cite contractual or statutory rate) |
| Late fees/charges |
$ |
Per contract terms |
| Attorney's fees |
$ |
If contractually authorized |
| Total claim |
$ |
Sum as of petition date |
Post-petition amounts are noted separately — not included in the filed claim amount but may be recoverable for oversecured creditors under § 506(b).
Guidelines
- Bar date is jurisdictional — a missed bar date typically results in claim disallowance
- File even if disputed — protect the creditor's position; amount can be resolved later
- Petition date controls — calculate all amounts as of that date, not the filing date
- Secured claim bifurcation — § 506(a) splits into secured (up to collateral value) and unsecured deficiency
- Documentation is mandatory — courts can reduce or disallow undocumented claims
- Agent filings — include power of attorney or written authorization
- Amended claims — permitted before distribution, but monitor all deadlines
- Local rules — check CM/ECF requirements for the specific court
Troubleshooting
| Issue |
Resolution |
| Bar date has passed |
Check if cause exists for late filing (excusable neglect under FRBP 9006(b)(1)); file motion for leave immediately |
| Missing supporting documents |
File claim with available documentation and supplement before objection deadline; note incomplete attachments |
| Uncertain claim amount |
File with best estimate and mark as "estimated" on Form B 410; amend when exact figure is available |
| Secured claim without perfection evidence |
File as general unsecured unless perfection can be documented; obtain and attach evidence before objection hearing |
| Claim objection received |
Review objection basis, gather responsive evidence, and file response within the court's deadline |
1---2name: bankruptcy-proof-of-claim3description: Drafts filing-ready proofs of claim for U.S. bankruptcy proceedings using Official Form B 410 under FRBP 3001. Handles secured, unsecured priority, and general unsecured claims with proper valuation, documentation, and bar date compliance. Use when a creditor needs to file or amend a proof of claim in a bankruptcy case.4---56# Proof of Claim (Bankruptcy)78Prepares a complete proof of claim for filing with the U.S. Bankruptcy Court, compliant with FRBP 3001 and Official Form B 410.910## Prerequisites11121. **Case information** — debtor name, case number, court, chapter, bar date132. **Creditor information** — legal name, address, authorized agent143. **Claim basis** — contract, promissory note, invoice, judgment, statutory, tort154. **Claim amount** — principal, interest (rate and calculation), fees, costs165. **Security interest** (if secured) — collateral description, lien perfection documents, valuation176. **Priority status** (if priority) — statutory basis under § 507(a)187. **Supporting documents** — contracts, invoices, account statements, UCC filings, judgments1920## Quick Start21221. Confirm bar date and calculate days remaining — this is jurisdictional232. Gather all prerequisites above; request missing items before drafting243. Calculate total claim as of petition date using the claim calculation table below254. Draft Form B 410 Parts 1–4 per the output structure265. Attach all supporting documentation per FRBP 3001(c)276. Include signature block with penalty-of-perjury declaration2829## Output Structure3031### Part 1: Claim Information3233| Field | Value |34|---|---|35| Debtor name and case number | [From case info] |36| Creditor name and mailing address | [From creditor info] |37| Claim amount as of petition date | [Calculated total] |38| Basis for claim | [Category and description] |39| Post-petition interest/charges | [Yes/No — note separately] |40| Subject to setoff | [Yes/No — describe if yes] |4142### Part 2: Secured Claim4344Complete only if claim is secured:4546- **Collateral value** — real property, personal property, or other (state valuation basis)47- **Perfection basis** — mortgage, deed of trust, UCC filing, or judicial lien48- **Secured amount** — lesser of claim amount or collateral value per § 506(a)49- **Unsecured deficiency** — difference if undersecured50- Attach evidence of perfection5152### Part 3: Priority Claim5354Complete only if claiming priority under § 507(a):5556| Priority Category | Statutory Basis |57|---|---|58| Domestic support obligations | § 507(a)(1) |59| Wages/salaries (180-day window, statutory cap) | § 507(a)(4) |60| Employee benefit plan contributions | § 507(a)(5) |61| Tax claims | § 507(a)(8) |6263State the amount entitled to priority.6465### Part 4: Supporting Documentation6667Attach per FRBP 3001(c):6869| Claim Type | Required Attachment |70|---|---|71| Based on a writing | The writing itself (contract, note, invoice) |72| Secured | Evidence of perfection (recorded mortgage, UCC filing) |73| Open-end / revolving credit | Account statement |74| Filed by assignee | Documentation of full assignment chain |7576### Signature and Declaration7778- Penalty-of-perjury declaration79- Authorized representative name and capacity80- Filing agent information (if applicable)8182## Claim Calculation8384All amounts calculated as of the petition date:8586| Component | Amount | Basis |87|---|---|---|88| Principal | $ | Contract/invoice amount |89| Pre-petition interest | $ | Rate × period (cite contractual or statutory rate) |90| Late fees/charges | $ | Per contract terms |91| Attorney's fees | $ | If contractually authorized |92| **Total claim** | **$** | **Sum as of petition date** |9394Post-petition amounts are noted separately — not included in the filed claim amount but may be recoverable for oversecured creditors under § 506(b).9596## Guidelines9798- **Bar date is jurisdictional** — a missed bar date typically results in claim disallowance99- **File even if disputed** — protect the creditor's position; amount can be resolved later100- **Petition date controls** — calculate all amounts as of that date, not the filing date101- **Secured claim bifurcation** — § 506(a) splits into secured (up to collateral value) and unsecured deficiency102- **Documentation is mandatory** — courts can reduce or disallow undocumented claims103- **Agent filings** — include power of attorney or written authorization104- **Amended claims** — permitted before distribution, but monitor all deadlines105- **Local rules** — check CM/ECF requirements for the specific court106107## Troubleshooting108109| Issue | Resolution |110|---|---|111| Bar date has passed | Check if cause exists for late filing (excusable neglect under FRBP 9006(b)(1)); file motion for leave immediately |112| Missing supporting documents | File claim with available documentation and supplement before objection deadline; note incomplete attachments |113| Uncertain claim amount | File with best estimate and mark as "estimated" on Form B 410; amend when exact figure is available |114| Secured claim without perfection evidence | File as general unsecured unless perfection can be documented; obtain and attach evidence before objection hearing |115| Claim objection received | Review objection basis, gather responsive evidence, and file response within the court's deadline |116117---
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