| 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
- Case information — debtor name, case number, court, chapter, bar date
- Creditor information — legal name, address, authorized agent
- Claim basis — contract, promissory note, invoice, judgment, statutory, tort
- Claim amount — principal, interest (rate and calculation), fees, costs
- Security interest (if secured) — collateral description, lien perfection documents, valuation
- Priority status (if priority) — statutory basis under § 507(a)
- Supporting documents — contracts, invoices, account statements, UCC filings, judgments
Quick Start
- Confirm bar date and calculate days remaining — this is jurisdictional
- Gather all prerequisites above; request missing items before drafting
- Calculate total claim as of petition date using the claim calculation table below
- Draft Form B 410 Parts 1–4 per the output structure
- Attach all supporting documentation per FRBP 3001(c)
- 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 |
