Proof of Claims in Chapter 13 Bankruptcy

What Is a Proof of Claim?

A proof of claim is a formal written statement that a creditor files with the bankruptcy court to declare the amount they say you owe them and to request payment from your bankruptcy estate or repayment plan. It is used primarily in Chapter 13 bankruptcy cases, where the debtor repays creditors through a court-supervised repayment plan.

The proof of claim form (Official Form 410) requires the creditor to identify themselves, state the amount of their claim, indicate the basis for the claim (e.g., credit card agreement, promissory note, judgment), and attach supporting documentation. If the claim is secured (backed by collateral like a car or home), the creditor must also describe the collateral and state the basis for the security interest.

How the Proof of Claim Process Works

When you file a Chapter 13 bankruptcy, the bankruptcy court sends a notice to all creditors listed in your schedules. This notice informs them of your filing, the automatic stay, and the deadline by which they must file a proof of claim if they want to receive payments through your plan.

The Three Types of Claims

Secured Claims — Debts backed by collateral (mortgage, car loan). These creditors have a lien on specific property and are paid first through your plan. If you want to keep the collateral, you must pay secured claims in full.

Priority Claims — Debts that receive special treatment under bankruptcy law (most income taxes, domestic support arrears, certain employee wages). Priority claims must be paid in full through your Chapter 13 plan.

General Unsecured Claims — Debts not backed by collateral and not priority (credit cards, medical bills, personal loans). These receive whatever is left over after secured and priority claims are paid. Any remaining balance is discharged at the end of your plan.

Proof of Claim Deadline — The Bar Date

Creditors have a limited window to file their proof of claim. This deadline is called the "bar date." In the Eastern District of Missouri, the bar date for most creditors in a Chapter 13 case is 70 days after the petition date. Governmental units (such as the IRS or Missouri Department of Revenue) have 180 days after the petition date to file.

The bar date is extremely important. If a creditor misses it, they may be permanently barred from participating in your bankruptcy and receiving any payments from your plan — even if the debt is legitimate.

What Happens if a Creditor Doesn't File?

If a creditor fails to file a proof of claim by the bar date, several consequences follow:

No payments from the plan: The Chapter 13 trustee will not distribute any plan payments to that creditor. Their share of the plan payment pool is redistributed to the creditors who did file on time.
Debt discharged without payment: At the end of your Chapter 13 plan, the debt owed to the non-filing creditor will typically be discharged (eliminated) without that creditor having received anything.
You or your attorney may file on their behalf: In some situations — particularly with secured creditors like mortgage lenders — the debtor or the trustee may file a proof of claim on behalf of a creditor who failed to file, to ensure the plan can proceed as intended (e.g., to ensure mortgage arrears get paid).

Can You Object to a Proof of Claim?

Yes. You and your attorney have the right to review all proofs of claim filed in your case and object to any claim that is incorrect, overstated, or not legally valid. Common grounds for objection include:

The amount claimed is different from the balance on your records
The debt is time-barred by the statute of limitations
The creditor lacks documentation to support the claim
The debt was already paid
The creditor is not the proper holder of the debt (e.g., if the debt was sold to a collection agency)

If an objection is filed, the court will hold a hearing and make a determination. Objecting to invalid or inflated claims is an important way we protect our clients' interests throughout the Chapter 13 process.

Questions About Your Case?

Attorney Baro handles all proof of claim monitoring, objections, and plan administration for her Chapter 13 clients. You don't need to worry about creditor claims — that's our job.

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