Determine whether you are listed on the debtor's schedule of creditors. If you are not, then subject to the warning above you will need to file a proof of claim. If you are not on the list or do not file a proof of claim, you will not be able to participate in any distribution to creditors. To determine if you are on the schedules call a bankruptcy attorney. Nearly all have access to PACER and can quickly determine if you have been listed as a creditor in any case.

Download official Form 10. This form is the official proof of claim.

Complete your proof of claim form by recording the specifics of the debt and attaching copies of supporting documents, such as contracts, court judgments, invoices or liens. Do not submit the original documents. Sometimes the supporting documents are voluminous; in those cases you can simply attach enough material or a summary sheet to show the merits of your claim and state that "additional documents will be provided upon request or at any hearing held hereon."

File your claim with the court where the debtor filed its petition to declare bankruptcy. Creditors who do not have access to the Electronic Case Filing system (ECF) will have to mail their proof of claim to the office of the clerk of the bankruptcy court where the case is pending. Unlike certain state rules where the date of mailing is the date of service, a proof of claim is not considered filed until it is received by the clerk. So if the due date is June 15th, mailing the proof on that date will not suffice. It has to be in the clerk's hands on June 15th. Late filed claims may not participate in any distribution to creditors.

File your proof of claim within 90 days after the date set for the meeting of creditors if you are filing a claim for a Chapter 7 bankruptcy. For a Chapter 13 bankruptcy, you must file your claim as soon as possible, because late claims are discharged.

Step 6

If the trustee or the debtor objects to your claim, you will be notified. The filing of a proof of claim is sufficient to establish your claim, but once an objection to your claim is filed the burden of proving the claim shifts to you. You must respond to the objection; if you do not, the objection will likely be allowed and your claim will be dismissed or modified in accordance with the objection.