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.4tags:5 - drafting6 - litigation7---89# Proof of Claim (Bankruptcy)1011Prepares a complete proof of claim for filing with the U.S. Bankruptcy Court, compliant with FRBP 3001 and Official Form B 410.1213## Prerequisites14151. **Case information** — debtor name, case number, court, chapter, bar date162. **Creditor information** — legal name, address, authorized agent173. **Claim basis** — contract, promissory note, invoice, judgment, statutory, tort184. **Claim amount** — principal, interest (rate and calculation), fees, costs195. **Security interest** (if secured) — collateral description, lien perfection documents, valuation206. **Priority status** (if priority) — statutory basis under § 507(a)217. **Supporting documents** — contracts, invoices, account statements, UCC filings, judgments2223## Quick Start24251. Confirm bar date and calculate days remaining — this is jurisdictional262. Gather all prerequisites above; request missing items before drafting273. Calculate total claim as of petition date using the claim calculation table below284. Draft Form B 410 Parts 1–4 per the output structure295. Attach all supporting documentation per FRBP 3001(c)306. Include signature block with penalty-of-perjury declaration3132## Output Structure3334### Part 1: Claim Information3536| Field | Value |37|---|---|38| Debtor name and case number | [From case info] |39| Creditor name and mailing address | [From creditor info] |40| Claim amount as of petition date | [Calculated total] |41| Basis for claim | [Category and description] |42| Post-petition interest/charges | [Yes/No — note separately] |43| Subject to setoff | [Yes/No — describe if yes] |4445### Part 2: Secured Claim4647Complete only if claim is secured:4849- **Collateral value** — real property, personal property, or other (state valuation basis)50- **Perfection basis** — mortgage, deed of trust, UCC filing, or judicial lien51- **Secured amount** — lesser of claim amount or collateral value per § 506(a)52- **Unsecured deficiency** — difference if undersecured53- Attach evidence of perfection5455### Part 3: Priority Claim5657Complete only if claiming priority under § 507(a):5859| Priority Category | Statutory Basis |60|---|---|61| Domestic support obligations | § 507(a)(1) |62| Wages/salaries (180-day window, statutory cap) | § 507(a)(4) |63| Employee benefit plan contributions | § 507(a)(5) |64| Tax claims | § 507(a)(8) |6566State the amount entitled to priority.6768### Part 4: Supporting Documentation6970Attach per FRBP 3001(c):7172| Claim Type | Required Attachment |73|---|---|74| Based on a writing | The writing itself (contract, note, invoice) |75| Secured | Evidence of perfection (recorded mortgage, UCC filing) |76| Open-end / revolving credit | Account statement |77| Filed by assignee | Documentation of full assignment chain |7879### Signature and Declaration8081- Penalty-of-perjury declaration82- Authorized representative name and capacity83- Filing agent information (if applicable)8485## Claim Calculation8687All amounts calculated as of the petition date:8889| Component | Amount | Basis |90|---|---|---|91| Principal | $ | Contract/invoice amount |92| Pre-petition interest | $ | Rate × period (cite contractual or statutory rate) |93| Late fees/charges | $ | Per contract terms |94| Attorney's fees | $ | If contractually authorized |95| **Total claim** | **$** | **Sum as of petition date** |9697Post-petition amounts are noted separately — not included in the filed claim amount but may be recoverable for oversecured creditors under § 506(b).9899## Guidelines100101- **Bar date is jurisdictional** — a missed bar date typically results in claim disallowance102- **File even if disputed** — protect the creditor's position; amount can be resolved later103- **Petition date controls** — calculate all amounts as of that date, not the filing date104- **Secured claim bifurcation** — § 506(a) splits into secured (up to collateral value) and unsecured deficiency105- **Documentation is mandatory** — courts can reduce or disallow undocumented claims106- **Agent filings** — include power of attorney or written authorization107- **Amended claims** — permitted before distribution, but monitor all deadlines108- **Local rules** — check CM/ECF requirements for the specific court109110## Troubleshooting111112| Issue | Resolution |113|---|---|114| Bar date has passed | Check if cause exists for late filing (excusable neglect under FRBP 9006(b)(1)); file motion for leave immediately |115| Missing supporting documents | File claim with available documentation and supplement before objection deadline; note incomplete attachments |116| Uncertain claim amount | File with best estimate and mark as "estimated" on Form B 410; amend when exact figure is available |117| Secured claim without perfection evidence | File as general unsecured unless perfection can be documented; obtain and attach evidence before objection hearing |118| Claim objection received | Review objection basis, gather responsive evidence, and file response within the court's deadline |119120---
lev-os