Filing a Proof of Claim in Bankruptcy

When a debtor files for bankruptcy, creditors must take specific steps to protect their right to recover what they are owed. One of the most critical steps is filing a Proof of Claim, a formal document that informs the bankruptcy court of the debt and the creditor’s right to repayment.

While creditors technically can file a Proof of Claim on their own, mistakes can lead to delays, objections, or even losing the right to collect. At Etheridge Law PLLC, we provide assistance to ensure creditors properly file their claims and maximize their chances of recovery.

Call us at (910) 668-2585 for assistance with your Proof of Claim.

What Is a Proof of Claim?

A Proof of Claim is a written statement submitted by a creditor in a bankruptcy case. It sets forth:

  • The amount of debt owed

  • The nature of the claim (secured, unsecured, priority, etc.)

  • Supporting documentation proving the debt's validity

Without a properly filed Proof of Claim, a creditor may not receive payment through the bankruptcy process.

Can You File a Proof of Claim Yourself?

Yes, creditors can file a Proof of Claim on their own. The form (Official Bankruptcy Form 410) is available through the U.S. Courts website and bankruptcy courts. However, while the process might seem straightforward, there are several pitfalls that can jeopardize your claim if not handled correctly.

Common issues include:

  • Incorrect classification of the claim (secured vs. unsecured, priority vs. non-priority)

  • Insufficient supporting documentation (such as loan agreements, invoices, or judgments)

  • Failing to meet deadlines (claims must be filed before the bar date, a strict court-imposed deadline)

  • Errors that lead to objections or disputes, potentially reducing or eliminating the claim

An experienced bankruptcy attorney can help navigate these issues and ensure that your claim is properly filed and defended against potential objections.

Why Work with a Bankruptcy Lawyer?

At Etheridge Law PLLC, we assist creditors in filing Proofs of Claim correctly and efficiently. Our legal team can:

✔ Ensure Proper Documentation – We help gather and submit the necessary documents to validate your claim.
✔ Classify Your Claim Accurately – Whether secured, unsecured, or priority, we ensure your claim is classified correctly to maximize potential recovery.
✔ Meet Strict Deadlines – We track court-imposed deadlines to ensure your claim is filed on time.
✔ Defend Against Objections – If a debtor or trustee challenges your claim, we advocate on your behalf.
✔ Navigate Complex Cases – If the debtor disputes the claim or files a motion to reclassify or avoid it, we handle negotiations and litigation.

Whether you are a business owner, lender, service provider, or individual creditor, we make sure your rights are protected throughout the bankruptcy process.

How to File a Proof of Claim

Filing a Proof of Claim involves several key steps:

  1. Obtain Form 410 – This is the official Proof of Claim form provided by the bankruptcy court.

  2. Fill Out the Form – Include the debtor’s name, case number, claim amount, and basis for the claim.

  3. Attach Supporting Documentation – Contracts, promissory notes, invoices, and other records proving the debt must be included.

  4. File Before the Bar Date – Missing the deadline can prevent you from recovering what you’re owed.

  5. Monitor the Case – Stay informed about potential objections, distributions, and plan confirmations.

While the process may seem simple, errors can be costly. Having a bankruptcy attorney handle the claim ensures it is properly documented, filed on time, and protected from disputes.

Get Help with Your Proof of Claim

If you need to file a Proof of Claim in a bankruptcy case, don’t take unnecessary risks with your right to recover. At Etheridge Law PLLC, we offer collaborative and strategic legal guidance to creditors, lenders, and businesses involved in bankruptcy proceedings.

📞 Call us today at (910) 668-2585 to schedule a consultation and protect your financial interests.

Let us help you file a strong Proof of Claim so you can recover what you’re owed.