Effect of a Proof of Claim
Proof of Claim Form
Proof of Claim Form Instructions
bankruptcy petition is filed, an estate is created. A creditor
has a claim against the estate, not the debtor. A "Proof
of Claim" is the document used to assert that claim. It
identifies the creditor and amount of the claim and provides
supporting documentation as to the basis of the claim. If a
creditor wants to be paid from the Chapter 13 bankruptcy
estate, he or she must file a Proof of Claim.
When a Proof of
Claim is properly filed in a bankruptcy case, it is deemed
"allowed" unless a party in interest objects. A
"Proof of Claim" constitutes "prima facie"
evidence of the validity and the amount of the claim. A claim
that is "allowed" will be able to share in any
distribution from the bankruptcy estate.
of Claim" must conform substantially to the Official
Bankruptcy Form. In the United States Bankruptcy Court for the
District of Nebraska, the Standing Chapter 13 Trustee provides
all listed creditors with a notice that the bankruptcy has
been filed. This notice includes the Debtor's name, address,
and bankruptcy number. Additionally, the notice gives the date
for the Meeting of Creditors which creditors may attend but
are not required to attend. The notice also gives the date by
which claims must be filed with the Clerk of the Bankruptcy
Court in order to be allowed in the case. The Trustee has also
attached a triplicate "Proof of Claim" form which is
attached to the Notice that the bankruptcy has been filed.
of Claim" must name the creditor and the amount of the
claim; list whether the claim is secured, unsecured or
priority; and explain the basis for the claim. It may be
executed by the creditor or by the creditor's authorized
agent. If an agent executes the claim, the agent must disclose
that he or she is an agent and disclose the name of the
creditor. Otherwise, the "Proof of Claim" may be
defective. If the claim is based on a writing such as a
contract, the original or a duplicate must be attached.
Secured claims must show evidence of perfection of the
creditor asserting the claim files a "Proof of
Claim". Another party in interest, such as the debtor,
the trustee, or a third party that is jointly liable with the
debtor on the debt to the creditor, also may file a claim on
behalf of the creditor. The debtor, trustee, or other third
party has until thirty (30) days after the bar date in which
to file a claim on behalf of the creditor.
must complete and file a "Proof of Claim" in Chapter
13 cases with the Bankruptcy Clerk in order for the creditor
to share in distributions under the plan.