The Bankruptcy Proof of Claim (with Pictures)

Overview

A bankruptcy Proof of Claim (POC) is a formal, court document filed by a creditor in a bankruptcy case, indicating the amount of debt that the debtor owes to the creditor. The Proof of Claim (Official Form 410) serves as a statement of the creditor's claim against the debtor's estate and helps the bankruptcy court determine the distribution of the debtor's assets to creditors. The Proof of Claim must be filed with the bankruptcy court within a specified time frame, which is usually 90 days from the filing date.

Explore the full proof of claim form here.

ePOC vs CM/ECF Proof of Claims

There are two common ways to file Proof of Claims online: through the CM/ECF filing system or through the newer Electronic Proof of Claims (ePOC) system. The official CM/ECF method is the traditional method of e-filing claims, but many districts have implemented ePOC to streamline the process. Here’s a summary of both:

Traditional CM/ECF Claims

In order to use the CM/ECF filing system, the creditor must create a PACER account, obtain filing privileges in the district, fill out the proof of claim form, attach relevant documents, and submit all of the resulting documents through the CM/ECF district filing form. Creditors can follow this method to file claims in any district.

Requesting filing privileges is the first hurdle creditors must overcome. We break down the process of requesting filing privileges in a blog article, but there are 94 different bankruptcy districts, so we generally recommend using the ePOC system for the districts that support it. 

Electronic Claims Filing (ePOC)

Most district courts have embraced the newer electronic filing system. Our article outlining the process of requesting filing privileges is kept up-to-date with the districts that support ePOCs. Creditors can file Proof of Claims using the district ePOC form without a PACER account or filing privileges. The ePOC web form helps creditors locate the case and lets creditors fill in the claim details through the website. Once submitted, the system populates a Proof of Claim (Official form 410) document with the information and adds it to the case.

Some districts put a limit on the number of ePOC submissions they will receive in a day, so high-volume filers often choose to file through the CM/ECF filing system. A couple of districts don’t support ePOC, so we recommend using the ePOC process when possible, and the traditional CM/ECF claims filing for the rest of the districts.

The whole process can be frustrating–we voiced the top 11 frustrations about claims filing that we’ve heard in our blog. Our API simplifies and automates the whole process. Our interface streamlines the process and let’s you file claims through ePOC and the traditional CM/ECF system in any court using one form. Schedule a demo to learn more.

Proof of Claims Can Seem Intimidating

If you are intimidated by proof of claims, you aren’t alone. A proof of claim is an official form with serious legal ramifications. Names like “Official Form 309” and laws like Bankruptcy Rules 3001(c)(2)(D) and Bankruptcy Rules 3002.1(i) emphasize the seriousness of these claims. The Court websites further increase fear of the process with legally binding e-signatures and red banners warning of potential jail time.

Proof of Claims Shouldn’t Be Intimidating

Luckily, the proof of claim form isn’t nearly as scary as it seems. With proper knowledge of the form and pitfalls, the Proof of Claim becomes straightforward. In the next section, we’ll cover each section in detail.

Breaking Down the Proof of Claim

Part 0: Case Identification

The first section of the form includes a box to identify the case the claim is being filed for. The ePOC form helps by providing a tool to find the relevant case and automatically populate these questions. This section has four questions:

1. Debtor 1: this is the primary debtor in the case. You can find this in your bankruptcy notification. You can also find this by locating the bankruptcy using the PACER case locator or PACER API and checking the primary debtor
2. Debtor 2: this is the co-debtor in the case. You can find this in your bankruptcy notification or by looking up the case.
3. District: this is where the district where the case was filed. The first blank is the cardinal direction of the district. E.g. Northern, Southern, Eastern, Western, Middle. The second blank is the state. E.g. California, New York, Florida.
4. Case number: the extended case number for the case. You can find this in your bankruptcy notification. You can also find this by locating the bankruptcy using the PACER case locator or PACER API and checking the primary debtor. Follows the format X:YY-bk-ZZZZ. The division office number, followed by a colon. The two-digit year, followed by a hyphen. The two-letter case type abbreviation, followed by a hyphen. The sequence number, without leading zeros

Part 1: Identify the Claim

In this section, the creditor includes their company information to specify who owns the debt and where payments should be sent. It consists of 5 questions:

1. Who is the current creditor? Include the creditor name. 3rd party servicers often put {SERVICER} / {LENDER}. Include other names that the debtor may use
2. Has this claim been acquired from someone else? This is where creditors can label if a debt was acquired from another company
3. Where should notices and payments to the creditor be sent? Include the address of the creditor. Include the address payments should be sent to.
4. Does this claim amend one already filed? Everyone makes mistakes, and mistakes on claims can be fixed by amendment. If a claim has already been filed, you can refile and clarify that it is an amendment with this question.
5. Do you know if anyone else has filed a proof of claim for this claim? Normally no. Use this section to clarify if you are a different person who is amending the claim or recently acquired the claim

Part 2: Give Information About the Claim as of the Date the Case Was Filed

1. Do you have any number you use to identify the debtor? Include the last 4 digits of the loan ID or customer ID.
2. How much is the claim? This is where you put how much the debtor owes you. If the amount includes interest, note it here.
3. What is the basis of the claim? This is where you describe why the debtor owes you money. Make sure to include documentation for the basis of the claim. E.g. if your answer is “Money loaned”, then include the agreement the user signed to acquire the loan. Don’t disclose private information like medical info.
4. Is all or part of the claim secured? This is where you note whether the debt is backed by a lien on the property. Include a description of the collateral. Include the “basis for perfection” or the method used to perfect the security interest. E.g. "deed of trust" for a mortgage, "lien on the title" for a car loan, or "UCC-1 Financing Statement" for a loan secured by inventory or equipment. Insert the value of the secured property. Include the amount of the claim that is secured. Include the amount of the claim that is not secured. Include the amount necessary to cure any default as of the day of the petition. If you don’t know what it means to “cure a default” you can probably skip this question. Some lenders (more common in the corporate space) increase the interest rate if the debtor defaults. This is where they can put the amount that is needed to pay the added default interest if applicable. Include the annual interest rate and whether it is fixed or variable.
5. Is this claim based on a lease? This question is pretty straightforward. This is a place where landlords can include the amount to cure the default which is where they can note the extra amount they charge the debtor when they default or fail to pay a bill.
6. Is this claim subject to a right of setoff? A setoff is an equitable right of a creditor to deduct a debt it owes to the debtor from a claim it has against the debtor arising out of a separate transaction. Rare.
7. Is all or part of the claim priority? Priority claims are often paid out even in liquidation bankruptcies. Priority claims are paid out first. Common examples: Tax requirements, alimony, child support. Other examples: Gap claims, wage claims, employee benefit claims, grain farmer and fisherman claims, customer deposit claims, tax claims, capital requirement claims.

Part 3: Sign Below

This is where the creditor signs the form. Everything in this section is pretty straightforward.

Supporting Documentation

It is important to include supporting documentation for your claim. Often this consists of the agreement/promissory note and the most recent statement. Make sure to redact information according to Rule 9037. The following information should not be redacted:

• The last 4 digits of the account number
• The last 4 digits of the SSN or TIN
• The birth year

All other PII should be redacted. Once redacted, creditors compile the documents and submit everything to the Court.

Hopefully, this description helps explain the bankruptcy claims filing process. We also offer free consultations with our in-house claims filing experts. Contact us to set up a meeting.