How to File a Proof of Claim: Step-by-Step Instructions

Filing a Proof of Claim is your legal mechanism for participating in a bankruptcy distribution. Missing the deadline or submitting an incomplete form can result in losing your claim entirely. This guide walks you through the process.

Step 1: Get the Claim Number

When a bankruptcy is filed, the court assigns a case number. You can find this on bankruptcy court websites (PACER for federal courts) or the debtor's notice. You'll need this number to file your claim.

Step 2: Download the Official Form

The Proof of Claim form is Official Form 106A/B (available free from uscourts.gov). Don't use a modified or older version—courts reject non-standard forms. The form has two pages: one for most claims, a second for mortgage claims.

Step 3: Complete the Form

Key sections:

• Debtor: The company or person filing bankruptcy
• Court: The bankruptcy court for that debtor's district
• Claim Amount: The exact amount owed, broken down by principal, interest, fees, and other charges
• Basis for Claim: Explain how the debt arose (vendor invoice, loan agreement, service contract, etc.)
• Evidence: Attach copies of contracts, invoices, payment records, correspondence—anything supporting your claim

Step 4: Find the Mailing Address

The Proof of Claim form lists where to send it—typically the bankruptcy trustee's office, sometimes the court itself. The deadline notice (notice of bankruptcy) includes the address. Mail it certified, return receipt requested, to confirm delivery.

Step 5: File Before the Deadline

The deadline is typically 70 days after the bankruptcy petition date, though it can vary. Mark this on your calendar—filing one day late results in rejection. File at least one week early to account for mail delays.

Step 6: Track Your Claim

After filing, your claim should appear on the docket within a few days. Check PACER or the court's website. You'll see your claim listed and can track whether it's "allowed," "disputed," or "objected to."

After Filing: What Happens Next

The trustee reviews all claims. If your claim is undisputed and clearly documented, it will be "allowed" automatically. If the trustee or debtor objects, you'll receive a notice and may need to defend your claim in court.

Distributions

Once claims are allowed, the trustee distributes available funds according to priority. You'll receive notification of any distribution and the amount you recover.