Asserting a Proof of Claim in Bankruptcy

The first step in asserting a proof of claim in a bankruptcy case is calculating the amount you want to recover. Determine the amount owed to you on the date of your petition. Then, add up all of the unpaid bills and invoices. Then, write a brief statement explaining what happened to you in order to justify your claim. If you have no idea where to start, read the section below to learn more.

The next step in the process is filing a proof of claim. The proof of claim will be submitted to the Court. A creditor can also use the Schedule of Assets and Liabilities to justify a claim. The court will consider this schedule as valid evidence and limit the amount of money a Creditor can receive from the debtor. Asserting a Proof of Claim in a bankruptcy case is a key step in the process of receiving payment from the bankrupt debtor.

The proof of claim must be filed by the deadline established by the court. Bankruptcy Rule 3003(c)(3) sets the deadline for submitting the claim. The court sets this deadline based on a motion by the debtor or another party. The debtor then sends a Notice of Bar Date to all parties in interest. If there are no documents, the debtor may request a form by mail.

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