Bankruptcy Proof of Claim Filing Checklist

Bankruptcy Proof of Claim Filing Checklist

Court: United States Bankruptcy Court for the [________________________________]

Case Number: [________________________________]

Debtor: [________________________________]

Creditor/Claimant: [________________________________]

Filing Attorney/Agent: [________________________________]

Date Prepared: [__/__/____]

I. Deadline Determination

Claims Bar Date (General Deadline)

☐ Bar date set by court: [__/__/____]
☐ Deadline published in:
☐ Notice of Bankruptcy Filing
☐ Notice to Creditors
☐ Court Docket

Chapter 7 Cases

☐ Voluntary-case bar date generally 70 days after the order for relief
☐ Involuntary-case bar date generally 90 days after entry of the order for relief
☐ Order-for-relief date: [__/__/____]
☐ Calculated bar date: [__/__/____]

Chapter 11 Cases

☐ Bar date set by court order
☐ Court order date: [__/__/____]
☐ Bar date: [__/__/____]

Chapter 13 Cases

☐ Bar date generally 70 days after the order for relief or entry of an order converting the case to Chapter 13
☐ Calculated bar date: [__/__/____]

Government Claims

☐ In cases governed by Rule 3002(c), governmental units generally have 180 days after the order for relief, subject to the § 1308 tax-return and extension rules
☐ Order-for-relief date: [__/__/____]
☐ Government bar date: [__/__/____]

No Asset Chapter 7 Cases

☐ If no-asset case, no bar date initially set
☐ Monitor for notice of assets discovered
☐ If assets found, bar date will be set

II. Claim Analysis

Type of Claim

☐ Secured Claim (backed by collateral)
☐ Priority Unsecured Claim (11 U.S.C. § 507)
☐ General Unsecured Claim
☐ Administrative expense request — do not use Form 410; follow 11 U.S.C. § 503 and applicable rules

Secured Claims

☐ Collateral description: [________________________________]
☐ Value of collateral: $[________________]
☐ Amount of secured claim: $[________________]
☐ Amount of unsecured deficiency: $[________________]

Priority Claims (11 U.S.C. § 507)

☐ Domestic support obligations (§507(a)(1))
☐ Wages (up to limit) (§507(a)(4))
☐ Employee benefit contributions (§507(a)(5))
☐ Deposits (up to limit) (§507(a)(7))
☐ Taxes (§507(a)(8))
☐ Other priority: [________________________________]

III. Proof of Claim Form (Official Form 410)

Basic Information (Part 1)

☐ Court name and address
☐ Debtor name (as shown in case)
☐ Case number

Creditor Information (Part 1)

☐ Name of creditor (person or entity owed)
☐ Name and address where notices should be sent
☐ Telephone number
☐ Email address

Claim Information (Part 2)

☐ Date debt was incurred
☐ Last four digits of any account number
☐ Total amount of claim as of petition date: $[________________]
☐ Includes interest/fees/charges to petition date
☐ Basis for claim:
☐ Goods sold
☐ Services performed
☐ Money loaned
☐ Personal injury/wrongful death
☐ Taxes
☐ Other: [________________________________]

Secured Claim (Part 3)

☐ Claim is secured: ☐ Yes ☐ No
☐ If yes:
☐ Brief description of property securing claim
☐ Value of property: $[________________]
☐ Amount of secured claim: $[________________]
☐ Amount of unsecured portion: $[________________]
☐ Basis for perfection: [________________________________]
☐ Annual interest rate (if applicable): [____]%

Priority Claim (Part 4)

☐ Claim entitled to priority: ☐ Yes ☐ No
☐ If yes:
☐ Amount entitled to priority: $[________________]
☐ Priority basis (select applicable):
☐ Domestic support obligation (11 U.S.C. § 507(a)(1))
☐ Wages, salaries, commissions (11 U.S.C. § 507(a)(4))
☐ Contributions to employee benefit plans (11 U.S.C. § 507(a)(5))
☐ Deposits by individuals (11 U.S.C. § 507(a)(7))
☐ Taxes or penalties owed to governmental units (11 U.S.C. § 507(a)(8))
☐ Other: [________________________________]

Signature (Part 5)

☐ Signed under penalty of perjury
☐ Signature of creditor or authorized agent
☐ Name of person signing (printed)
☐ Title (if signing for organization)
☐ Company name (if applicable)
☐ Address
☐ Telephone number
☐ Email
☐ Date signed

IV. Required Supporting Documents

For All Claims

☐ Evidence of debt:
☐ Contract/Agreement
☐ Promissory note
☐ Invoice(s)
☐ Account statement
☐ Judgment
☐ Other: [________________________________]

For Secured Claims

☐ Evidence of security interest:
☐ Security agreement
☐ UCC financing statement
☐ Mortgage/Deed of trust
☐ Title showing lien
☐ Evidence of perfection
☐ Appraisal or valuation (if claiming value)

For Wage/Employee Claims

☐ Pay stubs
☐ Employment records
☐ Calculation of amounts owed

For Tax Claims

☐ Tax returns
☐ Assessment notices
☐ Calculation of amounts and periods

V. Special Claim Situations

Claims Acquired by Transfer

☐ Original creditor name: [________________________________]
☐ Date of transfer: [__/__/____]
☐ Evidence of assignment attached

Claims Based on Open-End or Revolving Credit

☐ Account statement showing charges
☐ Calculation of balance

Claims for Reimbursement

☐ Documentation of amounts paid
☐ Basis for reimbursement right

Cure Claims (Mortgage Arrears, etc.)

☐ Mortgage Proof of Claim Attachment (Official Form 410-A) completed
☐ Payment history attached
☐ Itemization of arrears
☐ Escrow statements
☐ Fee statements

VI. Filing Process

Paper Filing

☐ Original proof of claim form completed
☐ All attachments included
☐ Mail or deliver to bankruptcy court clerk
☐ Retain copy for records

Electronic Filing

☐ File through court's electronic claims agent (if designated)
☐ Common systems:
☐ Epiq
☐ Stretto
☐ Omni
☐ Kurtzman Carson Consultants
☐ File through CM/ECF (if permitted)
☐ Confirmation of filing saved

Filing Fee

☐ No filing fee for proofs of claim

VII. After Filing

Confirmation of Filing

☐ Claim number assigned: [________________________________]
☐ Proof of filing saved

Claim Register Entry

☐ Verify claim appears on claims register
☐ Check for accuracy of information

Monitor for Objections

☐ Objection deadline noted
☐ Monitor docket for objections to claim
☐ Respond to any objections timely

VIII. Claim Objections

Common Grounds for Objection

☐ Claim filed after bar date
☐ Duplicate claim
☐ Claim exceeds scheduled amount
☐ Improper priority claimed
☐ Secured claim not properly perfected
☐ Claim previously discharged
☐ Insufficient documentation

Responding to Objections

☐ File response within court-set deadline
☐ Provide additional documentation
☐ Request hearing if needed

IX. Amending Claims

Amended Proof of Claim

☐ Amendment filed before bar date (as of right)
☐ Amendment after bar date (may require court permission)
☐ Complete new Official Form 410
☐ Mark as "Amendment" and reference original claim number
☐ Attach explanation of changes

X. Transferring Claims (Bankruptcy Rule 3001(e))

Claim Transfer Requirements

☐ Notice of transfer filed with court
☐ Evidence of transfer attached
☐ Service on debtor, trustee, and original claimant
☐ 21-day objection period

XI. Quality Control Checklist

Before Filing

☐ Correct case number
☐ Correct debtor name
☐ Bar date verified - filing is timely
☐ Amount calculated correctly (as of petition date)
☐ All supporting documents attached
☐ Form completed fully
☐ Signed under penalty of perjury
☐ Copy retained for records

After Filing

☐ Filing confirmation received
☐ Claim number noted
☐ Claim appears on claims register
☐ Docket monitored for objections

XII. Mortgage Proof of Claim Attachment (Official Form 410-A)

When Required

☐ Claim for home mortgage in Chapter 13 case
☐ Claim includes arrearages

Required Information

☐ Principal balance
☐ Interest rate
☐ Prepetition arrearage claim calculation:
☐ Missed payments (itemized)
☐ Late charges
☐ Escrow shortages
☐ Attorney fees
☐ Inspection fees
☐ Other fees and charges
☐ Payment history attached (at least 2 years)
☐ Escrow account statement

XIII. Document Tracking Log

XIV. Key Deadlines

Sources and References

• Official Bankruptcy Forms: https://www.uscourts.gov/forms/bankruptcy-forms
• Proof of Claim (Form 410): https://www.uscourts.gov/forms/bankruptcy-forms/proof-claim
• Mortgage Attachment (Form 410-A): https://www.uscourts.gov/forms/bankruptcy-forms/mortgage-proof-claim-attachment
• Federal Rules of Bankruptcy Procedure: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure

Prepared by: [________________________________]

Date: [__/__/____]