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A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements.
A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.
In an involuntary chapter 7 case, a proof of claim is timely filed if it is filed not later than 90 days after the order for relief under that chapter is entered.
Some of the more common reasons to object to a proof of claim include: The creditor fails to attach sufficient documentation to prove that a debt is owed. The amount of the claim is incorrect. The claim isn't the debtor's debt.
An objection to a proof of claim must be in writing and filed with the bankruptcy court. A copy of the objection and the notice of court hearing date must be mailed to the creditor, the trustee, and the debtor at least 30 days before the hearing.
Most Chapter 7 bankruptcies don't require them to file proofs of claim because the creditors often receive nothing from the bankruptcy estate. In Chapter 13, though, they want to receive payments from the repayment plan, so they have an incentive to file, for if they don't, they get nothing.