The Proof of Claim in Bankruptcy

Understanding Secured, Unsecured & Priority Claims in Bankruptcy

When you file bankruptcy, each creditor (the person or company to which you owe money) has a claim against your bankruptcy estate. This means that if there's any money in your estate, the bankruptcy trustee will use it to pay the creditors' claims. To get paid, each creditor must file a proof of claim form indicating how much you owe and the type of debt.

Filing a Proof of Claim for a Creditor in Bankruptcy

If you file for bankruptcy, most of your creditors will file a proof of claim -- a form that provides information about your debt -- in order to get paid. Sometimes a creditor doesn't file a proof of claim. In rare instances, you might want to file a proof of claim on that creditor's behalf. Here's why.