bankruptcy-proof-of-claim

name	bankruptcy-proof-of-claim
language	en
description	Drafts filing-ready proofs of claim for U.S. bankruptcy proceedings using Official Form B 410 under FRBP 3001. Handles secured, unsecured priority, and general unsecured claims with proper valuation, documentation, and bar date compliance. Use when a creditor needs to file or amend a proof of claim in a bankruptcy case.
tags	["drafting","litigation"]

Proof of Claim (Bankruptcy)

Prepares a complete proof of claim for filing with the U.S. Bankruptcy Court, compliant with FRBP 3001 and Official Form B 410.

Prerequisites

1. Case information — debtor name, case number, court, chapter, bar date
2. Creditor information — legal name, address, authorized agent
3. Claim basis — contract, promissory note, invoice, judgment, statutory, tort
4. Claim amount — principal, interest (rate and calculation), fees, costs
5. Security interest (if secured) — collateral description, lien perfection documents, valuation
6. Priority status (if priority) — statutory basis under § 507(a)
7. Supporting documents — contracts, invoices, account statements, UCC filings, judgments

Quick Start

1. Confirm bar date and calculate days remaining — this is jurisdictional
2. Gather all prerequisites above; request missing items before drafting
3. Calculate total claim as of petition date using the claim calculation table below
4. Draft Form B 410 Parts 1–4 per the output structure
5. Attach all supporting documentation per FRBP 3001(c)
6. Include signature block with penalty-of-perjury declaration

Output Structure

Part 1: Claim Information

Field	Value
Debtor name and case number	[From case info]
Creditor name and mailing address	[From creditor info]
Claim amount as of petition date	[Calculated total]
Basis for claim	[Category and description]
Post-petition interest/charges	[Yes/No — note separately]
Subject to setoff	[Yes/No — describe if yes]

Part 2: Secured Claim

Complete only if claim is secured:

• Collateral value — real property, personal property, or other (state valuation basis)
• Perfection basis — mortgage, deed of trust, UCC filing, or judicial lien
• Secured amount — lesser of claim amount or collateral value per § 506(a)
• Unsecured deficiency — difference if undersecured
• Attach evidence of perfection

Part 3: Priority Claim

Complete only if claiming priority under § 507(a):

Priority Category	Statutory Basis
Domestic support obligations	§ 507(a)(1)
Wages/salaries (180-day window, statutory cap)	§ 507(a)(4)
Employee benefit plan contributions	§ 507(a)(5)
Tax claims	§ 507(a)(8)

State the amount entitled to priority.

Part 4: Supporting Documentation

Attach per FRBP 3001(c):

Claim Type	Required Attachment
Based on a writing	The writing itself (contract, note, invoice)
Secured	Evidence of perfection (recorded mortgage, UCC filing)
Open-end / revolving credit	Account statement
Filed by assignee	Documentation of full assignment chain

Signature and Declaration

• Penalty-of-perjury declaration
• Authorized representative name and capacity
• Filing agent information (if applicable)

Claim Calculation

All amounts calculated as of the petition date:

Component	Amount	Basis
Principal	$	Contract/invoice amount
Pre-petition interest	$	Rate × period (cite contractual or statutory rate)
Late fees/charges	$	Per contract terms
Attorney's fees	$	If contractually authorized
Total claim	$	Sum as of petition date

Post-petition amounts are noted separately — not included in the filed claim amount but may be recoverable for oversecured creditors under § 506(b).

Guidelines

• Bar date is jurisdictional — a missed bar date typically results in claim disallowance
• File even if disputed — protect the creditor's position; amount can be resolved later
• Petition date controls — calculate all amounts as of that date, not the filing date
• Secured claim bifurcation — § 506(a) splits into secured (up to collateral value) and unsecured deficiency
• Documentation is mandatory — courts can reduce or disallow undocumented claims
• Agent filings — include power of attorney or written authorization
• Amended claims — permitted before distribution, but monitor all deadlines
• Local rules — check CM/ECF requirements for the specific court

Troubleshooting

Issue	Resolution
Bar date has passed	Check if cause exists for late filing (excusable neglect under FRBP 9006(b)(1)); file motion for leave immediately
Missing supporting documents	File claim with available documentation and supplement before objection deadline; note incomplete attachments
Uncertain claim amount	File with best estimate and mark as "estimated" on Form B 410; amend when exact figure is available
Secured claim without perfection evidence	File as general unsecured unless perfection can be documented; obtain and attach evidence before objection hearing
Claim objection received	Review objection basis, gather responsive evidence, and file response within the court's deadline

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