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A Proof of Claim is a written statement and any supporting documentation which describes the reason the debtor owes the creditor money. The claim must be filed using Official Form 410.
The creditor's filing of a proof of claim constitutes prima facie evidence of the amount and validity of the claim. The burden then shifts to the debtor to object to the claim. The debtor must introduce evidence to rebut the claim's presumptive validity.
Typically, all creditors, whether they are owed secured or unsecured debts, should file a proof of claim in order to have a chance for recouping all or at least some of the amount they are due.
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.
Category: Bankruptcy 101. Also referred to as the "Proof of Claim", this form shows the amount of debt the Debtor owed to a Creditor on the date of the bankruptcy filing. The form must be filed in the court district where the bankruptcy case is pending.
The form must be filed in the district where the case is pending. certain information to protect privacy. Filers must redact or leave out information entitled to privacy on the Proof of Claim form and any attached documents.
Form 410 is the form used by creditors to file a proof of claim. In some cases, a bankruptcy judge may accept an informal proof of claim. This must be a written document filed with the bankruptcy court, and it must make a demand against the debtor's bankruptcy estate.