casemark/bankruptcy-proof-of-claim

Proof of Claim (Bankruptcy)

Prepares a complete proof of claim for filing with the U.S. Bankruptcy Court, compliant with FRBP 3001 and Official Form B 410.

Prerequisites

1. Case information — debtor name, case number, court, chapter, bar date
2. Creditor information — legal name, address, authorized agent
3. Claim basis — contract, promissory note, invoice, judgment, statutory, tort
4. Claim amount — principal, interest (rate and calculation), fees, costs
5. Security interest (if secured) — collateral description, lien perfection documents, valuation
6. Priority status (if priority) — statutory basis under § 507(a)
7. Supporting documents — contracts, invoices, account statements, UCC filings, judgments

Quick Start

1. Confirm bar date and calculate days remaining — this is jurisdictional
2. Gather all prerequisites above; request missing items before drafting
3. Calculate total claim as of petition date using the claim calculation table below
4. Draft Form B 410 Parts 1–4 per the output structure
5. Attach all supporting documentation per FRBP 3001(c)
6. Include signature block with penalty-of-perjury declaration

Output Structure

Part 1: Claim Information

| Field | Value | |---|---| | Debtor name and case number | [From case info] | | Creditor name and mailing address | [From creditor info] | | Claim amount as of petition date | [Calculated total] | | Basis for claim | [Category and description] | | Post-petition interest/charges | [Yes/No — note separately] | | Subject to setoff | [Yes/No — describe if yes] |

Part 2: Secured Claim

Complete only if claim is secured:

• Collateral value — real property, personal property, or other (state valuation basis)
• Perfection basis — mortgage, deed of trust, UCC filing, or judicial lien
• Secured amount — lesser of claim amount or collateral value per § 506(a)
• Unsecured deficiency — difference if undersecured
• Attach evidence of perfection

Part 3: Priority Claim

Complete only if claiming priority under § 507(a):

| Priority Category | Statutory Basis | |---|---| | Domestic support obligations | § 507(a)(1) | | Wages/salaries (180-day window, statutory cap) | § 507(a)(4) | | Employee benefit plan contributions | § 507(a)(5) | | Tax claims | § 507(a)(8) |

State the amount entitled to priority.

Part 4: Supporting Documentation

Attach per FRBP 3001(c):

| Claim Type | Required Attachment | |---|---| | Based on a writing | The writing itself (contract, note, invoice) | | Secured | Evidence of perfection (recorded mortgage, UCC filing) | | Open-end / revolving credit | Account statement | | Filed by assignee | Documentation of full assignment chain |

Signature and Declaration

• Penalty-of-perjury declaration
• Authorized representative name and capacity
• Filing agent information (if applicable)

Claim Calculation

All amounts calculated as of the petition date:

| Component | Amount | Basis | |---|---|---| | Principal | $ | Contract/invoice amount | | Pre-petition interest | $ | Rate × period (cite contractual or statutory rate) | | Late fees/charges | $ | Per contract terms | | Attorney's fees | $ | If contractually authorized | | Total claim | $ | Sum as of petition date |

Post-petition amounts are noted separately — not included in the filed claim amount but may be recoverable for oversecured creditors under § 506(b).

Guidelines

• Bar date is jurisdictional — a missed bar date typically results in claim disallowance
• File even if disputed — protect the creditor's position; amount can be resolved later
• Petition date controls — calculate all amounts as of that date, not the filing date
• Secured claim bifurcation — § 506(a) splits into secured (up to collateral value) and unsecured deficiency
• Documentation is mandatory — courts can reduce or disallow undocumented claims
• Agent filings — include power of attorney or written authorization
• Amended claims — permitted before distribution, but monitor all deadlines
• Local rules — check CM/ECF requirements for the specific court

Troubleshooting

| Issue | Resolution | |---|---| | Bar date has passed | Check if cause exists for late filing (excusable neglect under FRBP 9006(b)(1)); file motion for leave immediately | | Missing supporting documents | File claim with available documentation and supplement before objection deadline; note incomplete attachments | | Uncertain claim amount | File with best estimate and mark as "estimated" on Form B 410; amend when exact figure is available | | Secured claim without perfection evidence | File as general unsecured unless perfection can be documented; obtain and attach evidence before objection hearing | | Claim objection received | Review objection basis, gather responsive evidence, and file response within the court's deadline |

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