File a Proof of Claim
File a Proof of Claim
You May Need to File a Proof of Claim Form if You Are a Creditor in a Bankruptcy
If you need help filing your proof of claim, contact our law firm for assistance.
CLICK HERE to contact the law firm.
Are you a creditor in a bankruptcy case?
You are a creditor if you are owed money.
There are many kinds of creditors.
As just one example, if you had a severance agreement and all payments were not made, you can file a claim if your prior employer files a chapter 11 bankruptcy.
Just because the debtor filed bankruptcy doesn’t mean you’ll never see a penny.
In many cases—particularly a Chapter 7 bankruptcy—the court will find no assets it can liquidate to pay your debt. In other cases, like a Chapter 13 case, the debtor makes monthly payments for three to five years. So you will have a fair chance of getting something out of it, but only if you take the time to fill out, document, and file a proof of claim form. Also, in Chapter 11 cases, you can also file a proof of claim. This article will help guide you through the form if you’ve been named as a creditor in a bankruptcy case.
As of April 2016, the bankruptcy courts have required a new style of the claim form. In a lot of ways, it’s easier for creditors to navigate. It also contains a lot more explanation and notes than the previous versions. Some websites like Prime Clerk centralize the process of filing a proof of claim.
At the top of the form, there is a box to identify the debtor by name, the pending case number, and the bankruptcy court in which the case is pending. You can determine the name of the bankruptcy court and the case number by looking at the other documents you have received from the court or the clerk.
Next, comes a series of questions that identify your claim:
Who is the Current Creditor? If you’re the creditor or you represent the creditor, identify that here.
Has This Claim Been Acquired From Someone Else? If you bought or otherwise obtained the right to the claim from another person or a company, identify the person or company.
Where Should Notices and Payments to the Creditor be Sent? You will enter your details here, including your name and contact details. If the address to which payments should be sent is different, enter this in the appropriate section as well.
Does This Claim Amend one Already Filed? The court’s claims registry is the court’s list of claims filed in a case. Each claim receives a unique number. If this is an amended claim, you can obtain the number for the original from the office of the clerk for the bankruptcy court where the case is pending.
Do You Know if Anyone Else has Filed a Proof of Claim for This Claim? Perhaps there are two claimants for the same money. You must input the name of that creditor if it applies.
Do You Have any Number You use to Identify the Claim? This identification number would be how you identify the claim in your system, like the debtor’s account number.
How Much is the Claim? Insert now much the debtor owes you. Remember, you will be required to support your claim with additional documentation if it is available.
List if the claim includes any interest or other charges already accrued, state that in the space provided.
What is the Basis of the Claim? This section is where you would put the nature of your claim. Some examples listed are “goods sold,” “money loaned,” or “services performed.” Those are just examples. You are not limited—you can provide whatever description best fits your claim.
Is all or a Part of the Claim Secured? If the debtor puts up collateral on the debt, it is secured. Whether the claim is fully or partially secured depends on the amount owed and the collateral’s value. The claim is only secured up to the value of the collateral. Beyond that, the claim is unsecured.
This question also asks if the security agreement is perfected. That refers to how the security agreement is registered, recorded, or otherwise made available for interested parties to discover.
Is the Claim Based on a Lease? Include the amount needed to cure the defaulted lease as of the date the bankruptcy case was filed.
Is the Claim Subject to a Right of Setoff? If the debtor owes you money, and you owe the debtor money, they may cancel each other out—at least partially. This tradeoff is known as a right of setoff. Identify the property you have that could be setoff against the claim.
For instance, if you have a deposit account at the bank, the bank owes you that money. If you also borrowed $1,000 from the bank, the bank could apply the $500 it owes you against the $1,000 you owe the bank. In that case, the property you identify is the bank account.
Is This Claim Entitled to Priority Under 11 U.S.C. Sec. 507(a)? There are several classes of debt that are entitled to priority. These debts will be paid before other types of debt if there isn’t enough money to pay all approved claims in full. Understanding the difference between a priority claim and a non-priority claim can be tricky, and you should consult a qualified bankruptcy attorney to help you.
Finally, you are required to identify yourself and sign the claim form. Every claim form is signed under penalty of perjury, which means you can be prosecuted, and filed or jailed for lying on the form.
You need to file any supporting documentation you have with your claim form. This documentation will include promissory notes, contracts, invoices, security agreements, or other writings that prove the agreement. You may submit things like monthly statements, pay records, and ledgers. The supporting documents together should show:
That a legal debt exists
The debt balance owed
Without the supporting documents—which are required under the bankruptcy rules—the proof of claim is incomplete and will likely draw an objection from the trustee or the debtor.
When to File a Proof of Claim (chapter 7, chapter 13, chapter 11)
In a Chapter 7 case, if the bankruptcy trustee finds assets of the debtor that he or she can sell or liquidate, he will notify the creditors that there will be a distribution. In that case, you will be notified of a deadline to file a proof of claim form — a form you must file if you wish to be considered for payment. If you don’t, no payment will be made, even if the claim is valid.
In a Chapter 13 case, you will have to file your claim form 90 days after the meeting of creditors. You will not be paid unless you file a proof of claim. If your debt is secured, but you file no claim form, the debtor can file one for you to ensure you’re paid. When that happens, you have no control over what the debtor includes in the form, but you can amend it.
In a Chapter 11 case, watch the deadline. Don’t miss the deadline!
Objections to Proof of Claim – The bankruptcy court approves most proofs of claim. But in some cases, the debtor, trustee, or another party can object to your claim before a judge grants that approval. Here are some common reasons that may apply:
If the claim amount is incorrect
If the claim indicates a debt is secured when it is not
If the creditor fails to provide any supporting documentation
Any objections must be received in writing by the bankruptcy court, with a copy served to the creditor at least 30 days before a hearing.
Summary: If you’re a creditor who has been named in a bankruptcy case, you can’t stake your claim unless you file a special form and submit it to the bankruptcy court in a timely fashion. This process is known as the proof of claim, which can be downloaded from the U.S. Courts website. Keep in mind that you’ll need to support your claim with documents that establish a relationship that exists with the debtor, outlining the nature of the debt and how much money you’re owed.
Below is an example of a list of businesses that have filed for bankruptcy (updated 7-14-2020)
24 Hour Fitness Worldwide, Inc.
Abeinsa Holding Inc.
Abeinsa Litigation Trust
Abengoa Bioenergy US Holding, LLC
Abengoa Concessions Investments Limited
Absolut Facilities Management, LLC
Aceto Corporation Creditors’ Committee
Adinath Corp. and Simply Fashion Stores, Ltd.
Aegerion Pharmaceuticals, Inc.
Aerogroup International, Inc.
Alco Stores, Inc.
Allied Nevada Gold Corp.
Alta Mesa Resources, Inc.
Altos Hornos de México, S.A.B. de C.V. (Chapter 15)
American Commercial Lines Inc.
American Standard Energy, Corp.
Anna Holdings Inc. (Acosta)
APP Winddown, LLC (f/k/a American Apparel, LLC)
Appvion, Inc. (n/k/a Oldapco, Inc.)
Aralez Pharmaceuticals US Inc.
Arch Coal, Inc.
ARO Liquidation, Inc. (f/k/a Aeropostale, Inc.)
Arpeni Pratama Ocean Line Investment B.V.
Arsenal Energy Holdings LLC
Arsenal Resources Development LLC
AS Wind Down, LLC (f/k/a Avenue Stores, LLC)
Ascent Resources Marcellus Holdings, LLC
Ashley Stewart Holdings, Inc.
Aspect Software Parent, Inc.
Aurora Commercial Corp.
Autoseis, Inc. (Global Geophysical Services) (2014)
Avaya Inc. Creditors’ Committee
Bertucci’s Holdings, Inc.
BIND Therapeutics, Inc. (n/k/a DNIB Unwind, Inc.)
Blackhawk Mining, LLC
Bluestem Brands, Inc.
Boart Longyear Limited
Bonanza Creek Energy, Inc.
BPS US Holdings Inc. (n/k/a Old BPSUSH Inc.)
Breitburn Energy Partners LP
Breitburn Energy Partners LP Creditors’ Committee
Breitburn Energy Partners LP Equity Committee
Bristow Group Inc.
Brooks Brothers Group, Inc.
Buckingham Oil Interests, Inc.
Bumble Bee Parent, Inc.
Caesars Entertainment Operating Company, Inc.
Capitol Lakes, Inc.
Capsule International (f/k/a Constar International)
Castex Energy Partners, L.P.
Catalina Marketing Corporation
CEC Entertainment, Inc.
Central Grocers, Inc.
Centric Brands Inc.
Cetera Financial Holdings, Inc.
CGG Holding (U.S.) Inc.
CGI Joliet, LLC
Channel Technologies Group, LLC
Charming Charlie Holdings Inc.
Chassix Holdings, Inc.
Claire’s Stores, Inc.
Cloud Peak Energy Inc.
CMTSU Liquidation, Inc. (f/k/a CIBER, Inc.)
Cocoa Services, L.L.C.
Commonwealth of Puerto Rico
Commonwealth of Puerto Rico (Creditors’ Committee)
Commonwealth of Puerto Rico (ERS Claims Objections)
Cook Inlet Energy, LLC (Miller Energy Resources)
Covia Holdings Corporation
CraftWorks Parent, LLC
Crumbs Bake Shop, Inc.
CTI Foods, LLC
Cubic Energy, Inc.
CWC Liquidation Inc. (f/k/a Coldwater Creek Inc.)
DACCO Transmission Parts (NY), Inc. (Transtar Holding Company)
DB Holdings Liquidation, Inc. (f/k/a DirectBuy Holdings, Inc.)
DB Holdings Liquidation, Inc. (f/k/a DirectBuy Holdings, Inc.) Creditors’ Committee
Deluxe Entertainment Services Group Inc.
Destination Maternity Corporation
Diamond Offshore Drilling, Inc.
Dixie Electric, LLC
Doral Financial Corporation Creditors’ Committee
Dune Energy, Inc.
Dura Automotive Systems, LLC
EB Holdings II, Inc.
EdgeMarc Energy Holdings, LLC
Energy & Exploration Partners, Inc.
Entegra Power Group LLC
EOGH Liquidation, Inc. (f/k/a East Orange General Hospital, Inc.)
EOGH Liquidation, Inc. Creditors’ Committee
EP Energy Corporation
Essar Steel Algoma Inc.
EV Energy Partners, L.P.
EveryWare Global, Inc.
Exide Holdings, Inc. (2020)
Exide Technologies, LLC (2013)
Expro Holdings US Inc.
Ezra Holdings Limited
Fairway Energy, LP
Fairway Group Holdings Corp.
Fieldwood Energy LLC
Filmed Entertainment Inc.
FirstEnergy Solutions Corp.
FL 6801 Spirits LLC
Foresight Energy LP
Forever 21, Inc.
Fortis Management Holdings, Inc. and Related Entities
Frank Theatres Bayonne/South Cove, LLC
Fresh and Easy Neighborhood Market Inc. (n/k/a Old FENM Inc.)
Frontier Communications Corporation
FULLBEAUTY Brands Holding Corp.
Furie Operating Alaska, LLC
Fusion Connect, Inc.
Gawker Media, LLC
Gemstone Solutions Group, Inc. (f/k/a Gymboree Group, Inc.) (2019)
General Wireless Operations Inc. dba RadioShack
Gibson Brands, Inc.
Global A&T Electronics Ltd.
Global Brokerage, Inc.
Global Geophysical Services, LLC (2016)
GNC Holdings, Inc.
Golfsmith International Holdings, Inc.
Gracious Home LLC
Great Atlantic & Pacific Tea Company, Inc., The
Green Field Energy Services, Inc.
GSE Environmental, Inc.
GulfMark Offshore, Inc.
Gymboree Corporation, The (2017)
Hercules Offshore, Inc. (2015)
Hercules Offshore, Inc. (2016)
Hertz Corporation, The
Hexion Holdings LLC Rights Offering
HGIM Holdings, LLC
HHH Choices Health Plan, LLC
High Ridge Brands Co.
Hollister Construction Services, LLC
Hospital Acquisition LLC (LifeCare)
Imerys Talc America, Inc.
Intelsat S.A. Committee Website
Interlogic Outsourcing, Inc.
Internap Technology Solutions Inc.
International Shipholding Corporation
Inversiones Alsacia S.A.
J & M Sales Inc.
<li>C. Penney Company, Inc.</li>
Jack Cooper Ventures, Inc.
Kaiser Gypsum Company, Inc.
KaloBios Pharmaceuticals, Inc.
Kingfisher Midstream, LLC
LATAM Airlines Group S.A.
Legend Parent, Inc. (M*Modal)
Libbey Glass Inc.
Light Tower Rentals, Inc.
Lily Robotics, Inc. (n/k/a Drone LC, Inc.)
Linn Energy, LLC
LSC Communications, Inc.
LSC Communications, Inc. Creditors’ Committee
Lucky Dragon Hotel & Casino, LLC
M & G USA Corporation
Mach Gen, LLC
Magnum Hunter Resources Corporation
Magnum Hunter Resources Creditors’ Committee
Marsh Supermarkets Holding, LLC
Maxcom USA Telecom, Inc.
Maxus Energy Corporation
McDermott International, Inc.
MEE Apparel LLC
Milagro Oil & Gas, Inc. (n/k/a MWO Holdings, LLC)
Millennium Corporate and Lender Trusts
Millennium Lab Holdings II, LLC
Miller Energy Resources, Inc. (Cook Inlet Energy)
Mineral Park, Inc.
Modell’s Sporting Goods, Inc.
Molycorp Minerals, LLC
Monitronics International, Inc.
Montreal Maine & Atlantic Railway, Ltd.
Mountain Creek Resort, Inc.
Mountain Creek Resort, Inc. Creditors’ Committee
Murray Energy Holdings Co.
Murray Metallurgical Coal Holdings, LLC
Najeeb Ahmed Khan
National Stores, Inc.
New Cotai Holdings, LLC
New Gulf Resources, LLC
New MACH Gen, LLC
NII Holdings, Inc.
Nine West Holdings, Inc.
Nine West Holdings, Inc. Creditors’ Committee
Nine West Holdings, Inc. Litigation Trust
Noble Logistics, Inc.
Noranda Aluminum, Inc.
NorthEast Gas Generation, LLC
Northshore Mainland Services Inc. (Baha Mar Ltd.)
Northstar Offshore Group, LLC
Nuverra Environmental Solutions, Inc.
Ocean Rig UDW Inc. (In Provisional Liquidation)
Oldapco, Inc. (f/k/a Appvion, Inc.)
Optim Energy, LLC
Orchard Acquisition Company, LLC
Orchids Paper Products Company
Outer Harbor Terminal, LLC
Pacific Drilling S.A.
Pacific Sunwear of California, Inc.
Paddock Enterprises, LLC
Panda Temple Power, LLC
Paragon Offshore plc Creditors’ Committee
Parallel Energy LP
Parker Drilling Company
Patriot Coal Corporation
Patriot National, Inc.
Payless Holdings LLC (2017)
Payless Holdings LLC (2019)
Pernix Therapeutics/Pernix Sleep, Inc.
Promise Healthcare Group, LLC
Purdue Pharma L.P.
Pyxus International, Inc.
QCE Finance LLC (Quiznos)
R.E. Gas Development, LLC
RCS Capital Corporation
RCS Creditor Trust
REAL ALLOY – Real Industry, Inc.
Real Industry, Inc. Creditors’ Committee
Relativity Media, LLC
Relay Shoe Company, LLC, The (f/k/a The Rockport Company, LLC)
Remington Outdoor Company, Inc.
Rentech WP U.S., Inc.
RentPath Holdings, Inc.
Republic Airways Holdings Inc.
RMH Franchise Holdings, Inc.
RS Legacy Corporation (f/k/a RadioShack Corporation)
RTW Retailwinds, Inc.
RWRF, Inc. (f/k/a B. Lane, Inc. d/b/a Fashion to Figure)
Sabine Oil & Gas Corporation
Sabine Oil & Gas Corporation Creditors’ Committee
Sable Permian Resources, LLC
Saint Michael’s Medical Center, Inc.
Samuels Jewelers, Inc.
Sanchez Energy Corporation
SandRidge Energy, Inc.
Sarar USA, Inc.
Scottish Holdings Inc.
Sears Holdings Corporation
Sears Holdings Corporation Creditors’ Committee
Seventy Seven Finance Inc.
SH130 Concession Company
Sheridan Holding Company I, LLC
Sheridan Holding Company II, LLC
Shoreline Energy LLC
SIGA Technologies, Inc.
Southeastern Grocers, LLC
Specialty Retail Shops Holding Corp. (Shopko)
SquareTwo Financial Services Corporation
SRC Liquidation Company (f/k/a The Standard Register Company)
Stearns Holdings, LLC
SunEdison, Inc. Creditors’ Committee
SunEdison, Inc. Litigation Trust
Sungard Availability Services Capital, Inc.
Synergy Pharmaceuticals Inc.
Taco Bueno Restaurants, Inc.
Tactical Intermediate Holdings, Inc.
Takata Airbag Inflator Claim and Notification Center
The Bon-Ton Stores, Inc.
Things Remembered, Inc.
TK Holdings Inc.
Toys “R” Us Property Company I, LLC
Toys “R” Us, Inc.
Transtar Holding Company (DACCO Transmission Parts (NY), Inc.)
Triangle USA Petroleum Corporation
Tribune Creditor Litigation
Tribune Trust Litigation
True Religion Apparel, Inc.
Trump Entertainment Resorts, Inc.
Turnberry/MGM Grand Towers, LLC
Tuscany Int’l Holdings
Ultra Petroleum Corp.
Ultrapetrol (Bahamas) Limited
Universal Cooperatives, Inc.
Vanguard Natural Resources, Inc. (2019)
Vanguard Natural Resources, LLC (2017)
Violin Memory, Inc.
Walter Investment Management Corporation
Weatherford International plc
Windsor Petroleum Transport Corp.
CLICK HERE to view books published by attorney Ronald Cook.