How to File a Bankruptcy Creditor Claim
- 1). Have a valid, enforceable debt owed to you by the bankruptcy debtor. If the debtor has sent you a notice of his filing of a bankruptcy petition, the case number and title will appear on the form. Cease all attempts to collect the debt from the debtor in order to comply with the automatic stay provisions of the bankruptcy code.
- 2). Obtain a creditor claim form, debtor’s case number and the case title of the debtor’s case by calling the bankruptcy court, if necessary. If you have been listed as a creditor in the bankruptcy filing, you normally automatically receive a proof of claim from the bankruptcy court.
- 3). Complete the creditor’s claim form within the appropriate filing deadline. Information that must be completed on the form is your name, address, telephone number, amount of the claim, basis for the claim, last four digits of the your identifying information for the debtor, information about and value of the security (e.g., real property or personal or business property subject to a lien), case number and title of the action, signature by an authorized party for the creditor and the priority status of your claim. Attach copies of any invoices, bills or any other proof of your claim.
- 4). Photocopy and mail the creditor’s claim form to the appropriate bankruptcy court. Send two copies to the court along with a self-addressed, stamped envelope for return of a filed copy of your claim.
- 5). Attend the debtor’s meeting of creditors, if the size of the debt merits doing so. At this hearing you will be able to question the debtor under oath about the debt, and his assets and expenses.