Filing a Proof of Claim

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Filing a Proof of Claim
Last Updated: June 27, 2018

11 U.S.C. 501
Fed. R. Bank. P. 2002(g), 3001-3005, 5003(b) Official Form 410: Proof Of Claim

Creditors may E-file a Proof of Claim. No login or password is required. Additional Information can be found on our website under For Creditors > Filing a Proof of Claim.

Attorneys and creditors with an ECF login and password may file a claim using the instructions below.

A claim is the creditor's right to receive payment for a debt owed by the debtor on the date of the bankruptcy filing.

A Proof of Claim is the form used by the creditor to indicate the amount of debt owed by the debtor on the date of the bankruptcy filing.

Note: Do not use Official Form 410 (Proof of Claim) to make a request for payment of an administrative expense. A request for an administrative expense is made by filing a motion and notice pursuant to § 503 unless otherwise ordered by the Court.

Filing Requirements:

Proof of Claim (Proof Of Claim Official Form 410)

Claims secured by a security interest in the debtor's principal residence must be filed within 70 days of the petition filing date and include the attachment (Proof of Claim, Attachment A, Official Form 410A). All other loan documents required under Rule 3001(c)(1)(d) are filed as a supplement to the claim within 120 days from the petition filing date. Rule 3002(c)(7). Instructions to file a Proof of Claim Attachment - Rule 3001(c)(1)(d).

When filing electronically, indicate a signature like "/s/ Jane Doe," unless the document has been scanned and shows the original signature.

To File Electronically:

Log into CM/ECF.
Select [Bankruptcy > File Claims]
Enter the case number (e.g., xx-xxxxx) and [Find This Case] Next.
Select the creditor from the drop down list that matches the name and address on the claim form. A pop-up will display. If this is the correct creditor with a matching address, select Yes and continue to #6. If not, select No.

If the creditor does not appear on the list or you answered No, you will need to add the creditor.

Note: To file an Administrative Claim, the creditor type must be designated as 'Administrative.' Select Add Creditor, enter the creditor name and address, and change the Creditor Type to 'Administrative.' See note on top of this page re: administrative expense claims.

Enter Proof of Claim information:
- Amends Claim #: Refer to question #4 on claim form. If checked Yes, clicking on [Find] presents previously filed claims. Highlight/click on the claim being amended, confirm and continue.
  
  Select radio button for Amend Options: Clear Amounts
- Amount Claimed: Enter total amount claimed from question #7 on claim form (do not enter "$" or commas in the dollar amount fields). Enter secured amount, if any, from question #9 on claim form. Enter priority amount, if any, from question #12 on claim form.
- Filed By: Refer to Part 3 of claim form. Select appropriate Party Filer, (e.g., Debtor, Attorney, Creditor, Trustee)
- Description or Remarks: Type further description or remarks for the claim.
Verify all claim information entered. Next.
Browse to select the Claim (.pdf file). Next. Next.

Note: Exhibits/attachments to the claim may be added as attachments to this document.
The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

VERIFY CASE NAME/NUMBER, CREDITOR NAME/ADDRESS, AND AMOUNT CLAIMED.