You are here

How do I file a proof of claim?

Type: 
Creditor FAQ
Answer: 

If you have been listed as a creditor in a bankruptcy case, you will receive a written notice from the Clerk's office in the mail after the bankruptcy has been filed. The notice will tell you if there is a deadline for filing claims.
If the original notice you receive from the Clerk's office does not contain a deadline for filing proofs of claim (which is usually the case in Chapter 7 cases), you may subsequently receive a "Notice to File a Proof of Claim," if the trustee later determines that there are assets available for distribution in the case. This notice will also contain the deadline for filing claims with the court.
 
If you are informed of a claim deadline you may obtain one from the Clerk's office or click here for a proof of claim form. The claim form should be filled out completely and should include any attachments needed to support your claim. DO NOT SUBMIT ORIGINAL BACKUP DOCUMENTATION to support your claim; it will not be returned to you. The original claim must have your signature on it (not a stamp or copy). You must return the original of your completed claim, with all attachments, to the Clerk's office by the deadline for filing claims. This means the Clerk's office must receive the claim form by that date, not that you mail it by that date.

If you wish to have proof that your claim was timely filed, please bring an extra copy to the Clerk's Office.  The clerk will file stamp the extra copy and return it to you.  If you are mailing it, please include an extra copy with a self-addressed, stamped envelope with enough postage to cover return mailing costs.
The Clerk will file stamp the extra copy and return it to you.
Requests for information regarding when a claim will be paid should be directed to the trustee assigned to the case, whose name and telephone number can be found on the Creditor’s Meeting Notice that you receive from the Clerk's office.