How to File a Proof of Claim in a Company’s Bankruptcy
Customers, employees and suppliers owed money by a bankrupt company usually need a proof of claim to be paid. How to find the case, the deadline and the claims agent.
To get paid from a company’s bankruptcy, a creditor usually files a proof of claim on Official Form 410 before the deadline, called the bar date: 70 days after the case starts in Chapter 7, or a date the court sets in Chapter 11. The bar date notice and the claims agent’s website tell you where and how to file.
Customers with deposits or gift cards, employees owed pay and suppliers with unpaid invoices are all creditors for this purpose. The form is free and does not require a lawyer, though large or disputed claims often involve one.
Who needs to file a proof of claim?
Anyone owed money by the company on the filing date, unless the claim is already listed correctly in a Chapter 11 case. Bankruptcy Rule 3003 treats a scheduled claim as valid evidence of the debt unless the debtor marked it disputed, contingent or unliquidated.
| Situation | Do you need to file? |
|---|---|
| Chapter 7 case, any creditor | Yes, if the trustee announces there may be money to pay claims |
| Chapter 11, your claim is listed in the schedules and not marked disputed, contingent or unliquidated, and you agree with the amount | Generally no |
| Chapter 11, you are not listed, or the listed amount is wrong or marked disputed | Yes, before the bar date |
| You own shares of the company | Usually no; stock is an ownership interest, and the notice says whether equity holders must file |
A Chapter 11 creditor who should have filed and did not “will not be treated as a creditor” for voting and distribution, in the words of Rule 3003.
What is the deadline to file a proof of claim?
The deadlines below are from the Federal Rules of Bankruptcy Procedure as restyled effective December 1, 2024, current as of November 2026.
- Chapter 7, 12 and 13: 70 days after the order for relief, which in a voluntary case is the filing date.
- Chapter 11: set by the court, usually in a bar date order a few weeks or months into the case, and mailed to known creditors.
- Government agencies: 180 days after the order for relief.
Claims filed late are usually disallowed unless the court allows an exception. Some cases set special bar dates, for example for claims that arise when a contract or lease is rejected during the case.
How do you find the case and the claims agent?
Start with the company’s press release about the filing. Large debtors hire a claims and noticing agent, such as Kroll, Epiq, Stretto or Omni, and the release usually names it with a case website and phone number. The case website posts the bar date notice, the schedules and the claim form for free.
For smaller cases with no agent, use PACER, the federal courts’ electronic records system. As of November 2026, PACER charges $0.10 per page, capped at $3 per document, and waives fees for users who spend $30 or less in a quarter, according to its fee page. The case number and court are on the petition and on any notice you received.
How do you fill out and file Form 410?
Official Form 410 is on the US Courts forms page. In large cases the claims agent usually offers an online version that files it for you.
- Use the exact debtor name and case number. Many companies file as a group of affiliated debtors; file against the entity that owes you, which may be a subsidiary.
- State the amount owed on the filing date. Do not include amounts that came due after the filing.
- Explain the basis: goods sold, wages, deposit, gift card, refund, lease.
- Mark any secured or priority part. Employees can mark wages up to the priority cap; customers with deposits for undelivered goods can mark the consumer deposit priority.
- Attach support: invoices, pay stubs, receipts, account statements or the gift card number and balance. Redact Social Security numbers and full account numbers.
- Sign and file with the claims agent or the bankruptcy clerk, using the method in the bar date notice. Keep proof of the filing date.
Our guides to employee wages in bankruptcy and gift cards in bankruptcy explain which priority boxes apply in those situations.
What happens after you file?
A properly filed claim is treated as valid unless someone objects. The company or trustee reviews claims and may file an objection, for example to a duplicate, an amount it disputes or a claim against the wrong entity. You get notice of any objection and a chance to respond.
Payment, if any, comes through the confirmed Chapter 11 plan or the Chapter 7 trustee’s final distribution, which can take months or years. In Chapter 11 you may also receive a ballot to vote on the plan if your class is impaired. The Chapter 11 vs Chapter 7 guide explains how each process pays creditors.
Bottom line
Many creditors get offers by mail from claims-trading firms to buy their bankruptcy claim at a discount. Selling is legal and can turn a slow, uncertain recovery into cash now, but it ends your right to whatever the case pays later; compare the offer with the recovery estimate in the disclosure statement before signing.
FAQ
Does it cost money to file a proof of claim?
No. There is no court fee to file Form 410, and claims agents do not charge creditors for filing.
Can I fix a mistake after filing?
Yes. You can file an amended claim that refers to the original claim number. Amendments after the bar date are generally allowed to correct a timely claim, not to add a new one.
What if I never got notice of the bankruptcy?
Creditors who were not given notice in time may be able to ask the court to accept a late claim. Courts look at the facts of each case, so contact the claims agent and consider talking to an attorney.
