Proofs of Claim and Claim Objections in Chapter 13

How does the proof of claim process actually work in Chapter 13?

A proof of claim is a written statement of a creditor's claim against you, filed with the bankruptcy court. Under 11 U.S.C. § 501(a), a creditor may file one. Once filed, 11 U.S.C. § 502(a) says the claim is deemed allowed unless a party in interest objects. That single sentence carries most of the weight in a Chapter 13 case: nobody reviews claims automatically, and an inflated or duplicate claim can be paid simply because nobody challenged it. The clerk maintains a claims register listing every claim by number. The Chapter 13 trustee distributes your plan payments based on allowed claims. In many districts the rules are explicit that a creditor must have an allowed claim to participate in distributions — the Massachusetts local rules, for example, state that all secured, priority, or unsecured creditors must have an allowed claim to share in plan distributions (D. Mass. LBR Appendix 1, Rule 13-13).

• The creditor files; the claim gets a number on the court's claims register.
• No objection means the claim is allowed as filed (11 U.S.C. § 502(a)).
• The trustee pays allowed claims according to your confirmed plan.
• Reviewing the register is commonly treated as the debtor's job, not the court's.

What happens if a creditor never files a claim?

In Chapter 13, listing a debt in your schedules is generally not the same as a claim being filed. Chapter 11 and Chapter 9 work differently — 11 U.S.C. § 1111(a) and 11 U.S.C. § 925 treat scheduled debts as deemed filed — but no equivalent provision applies in Chapter 13. Several districts state the consequence directly: in the Western District of Texas, a creditor must file a proof of claim by the applicable deadline to receive a distribution under the confirmed plan, regardless of whether the debtor properly scheduled the claim (W.D. Tex. L. Rule 3007-1). The Virgin Islands rules say the same for unsecured, priority, and secured creditors (D.V.I. Bankruptcy NewBK RulesDec2017). Congress anticipated the problem. Under 11 U.S.C. § 501(c), if a creditor does not timely file, the debtor or the trustee may file a proof of that creditor's claim. That matters most for debts you want paid through the plan.

• A debt you owe but nobody claims is commonly not paid through the plan.
• 11 U.S.C. § 501(c) lets the debtor or trustee file for a silent creditor.
• 11 U.S.C. § 501(b) lets a co-obligor or someone who secured the debt file instead.

What does federal law say about allowing and disallowing claims?

11 U.S.C. § 502(b) is the disallowance list. When an objection is made, the court determines the claim amount as of the petition date and allows it, except to the extent that one of the listed problems applies. Several of those grounds come up regularly in consumer cases: a claim unenforceable against you under any agreement or applicable law for a reason other than being contingent or unmatured; a claim for unmatured interest; a property tax claim exceeding the estate's interest in the property; and a claim for the services of the debtor's attorney exceeding the reasonable value of those services. The statute also caps damages a landlord can claim after a lease terminates and damages an employee can claim after an employment contract ends. Note the framing — the court determines an amount after notice and a hearing. Nothing about that is automatic, and nothing happens without someone raising it.

How do you object when the amount on a claim is wrong?

An objection is a written filing that asks the court to reduce, modify, or disallow a claim. Local rules govern the mechanics, and they are specific. In the Eastern District of California, an objection must include the claimant's name, the date the claim was filed, the amount, and the claim number from the register — and unless the problem appears on the face of the claim, the objection must be accompanied by evidence. That rule adds a warning worth reading twice: a mere assertion that the claim is not valid or that the debt is not owed is not sufficient to overcome the presumptive validity of the proof of claim (E.D. Cal. LBR 3007-1). Northern Oklahoma puts the burden the same way — the objecting party must overcome the presumption afforded by the rules (N.D. Okla. LBR 3007-1). Texas rules require all bases to be stated specifically; general denials may be denied outright (W.D. Tex. L. Rule 3007-1).

• Identify the claim by claimant name, filing date, amount, and register number.
• State each ground specifically rather than denying the claim generally.
• Attach evidence — statements, payment records, a declaration — unless the defect is visible on the claim itself.
• Serve the claimant at the notice address on the claim, plus the trustee and other required parties.

Where do local and district rules change the answer?

This is where a general answer stops being useful. Timing, notice periods, and who is responsible for reviewing claims all vary by district. Maine sets an objection deadline of 30 days after the claim-filing deadline for § 502(b) objections, and 30 days after filing for objections to a claim filed under 11 U.S.C. § 1305 (D. Me. LBR 3007-1). Eastern Missouri makes it the debtor's duty in a Chapter 13 case to review and object to claims when necessary, while allowing any party in interest to object (E.D. Mo. L.R. 3007). Colorado requires the Chapter 13 trustee to send the debtor and debtor's attorney a report of claims after the claims deadline passes, and makes examining the claims the duty of both the trustee and debtor's counsel (D. Colo. L.B.R. 3007-1). Check your own district's rules and the trustee's procedures rather than assuming.

What does an objection look like in practice?

Most consumer claim objections never reach a contested hearing. Many districts use negative notice: the objection carries language telling the creditor it has a fixed window to respond, and if nothing is filed the court may sustain the objection without a hearing. The Southern District of Ohio prescribes a 30-day notice warning the claimant that the claim may be reduced, modified, or eliminated, and stating that failure to respond may lead to an order without further hearing (S.D. Ohio LBR 3007–1). Eastern Texas uses a comparable 30-day negative notice (E.D. Tex. LBR 3007-1). Idaho lets the objecting party wait to set a hearing until it sees whether the claimant responds, and a response is due within 30 days of service (Bankr. D. Idaho LBR 3007-1). Practically, many creditors simply do not respond to an objection backed by documents, and the claim is reduced or disallowed on the papers.

• Objection filed and served with the required notice language.
• Response window runs — commonly 30 days, set by local rule.
• No response: the court may sustain the objection without a hearing.
• Response filed: the matter is set for hearing, sometimes with witness and exhibit lists exchanged beforehand.

What documents and information are involved?

The claim itself is the starting point. Courts use an official proof of claim form, and creditors are commonly encouraged or required to file electronically through the court's system (Bankr. M.D. Fla. Procedure Manual — Proof of Claim). Secured claims carry extra content requirements in some districts — Eastern Louisiana requires every proof of claim secured by real property to include all outstanding escrow charges owed as of the petition date, itemized (LAEB LBR compilation (effective May 1, 2013)). Western Missouri requires each claim to state whether it is secured, priority unsecured, or unsecured non-priority, and treats an unclassified portion as unsecured non-priority (W.D. Mo. LBR 3084-1). Filing costs are separate from any of this: the Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8). Filing a claim itself carries no fee.

• The proof of claim and its attachments, from the court's claims register.
• Your own records: statements, payoff letters, payment history, the original contract.
• The classification the creditor asserted — secured, priority, or general unsecured.
• Any transfer or assignment notices showing who now holds the claim.

What should you ask a lawyer about claims in your case?

Claim review is detail work, and the consequences run for the length of your plan. Priority claims must generally be paid in full in deferred cash payments under 11 U.S.C. § 1322(a)(2) unless the holder agrees otherwise, so a debt misclassified as priority can raise your plan payment substantially. Debts that arise after you file are a separate track: 11 U.S.C. § 1305 permits postpetition claims for taxes that become payable while the case is pending and for consumer debts for property or services necessary to your performance under the plan. A § 1305(a)(2) claim is disallowed if the holder knew or should have known that prior trustee approval was practicable and was not obtained. These are the questions worth raising early rather than at the end of a five-year plan.

• Has anyone reviewed the claims register against my schedules, and by when?
• Is any claim classified as priority or secured that should be general unsecured?
• Did any creditor I want paid through the plan fail to file, and should we file for them under § 501(c)?
• What is my district's deadline to object, and what evidence would I need?
• How would a successful objection change my plan payment or plan length?

Frequently asked questions

What is the deadline to file a proof of claim in Chapter 13?

The deadline is set by the Federal Rules of Bankruptcy Procedure and, in some districts, adjusted by local rule or court order. The Massachusetts rules, for instance, allow the court to extend the deadline by up to 30 days on a creditor's motion filed before it expires (D. Mass. LBR Appendix 1, Rule 13-13). Check the notice your court mailed and your district's local rules for the date that applies to your case.

Can I file a proof of claim for a creditor that didn't file one?

Yes. Under 11 U.S.C. § 501(c), if a creditor does not timely file a proof of its claim, the debtor or the trustee may file one on the creditor's behalf. Districts often set a separate window for this — Massachusetts requires a surrogate claim within 30 days after the initial filing deadline for certain separately treated creditors (D. Mass. LBR Appendix 1, Rule 13-13). Whether it helps depends on how the plan treats that debt.

What if the amount on a proof of claim is higher than what I owe?

An objection is the mechanism. Under 11 U.S.C. § 502(b), the court determines the claim amount as of the petition date after notice and a hearing. A filed claim carries a presumption of validity, so an objection generally needs supporting evidence rather than a denial — the Eastern District of California states plainly that a bare assertion the debt is not owed will not overcome that presumption (E.D. Cal. LBR 3007-1).

Does an objection always mean going to court?

Often not. Many districts use negative notice, where the objection tells the claimant it has a set period to respond and the court may sustain the objection without a hearing if nothing is filed (S.D. Ohio LBR 3007–1). A hearing is typically set only when the claimant responds. Idaho allows the objecting party to wait and see whether a response arrives before setting one (Bankr. D. Idaho LBR 3007-1).

Who is responsible for reviewing the claims in my case?

It depends on the district, and it is commonly not the court. Eastern Missouri makes it the debtor's duty in a Chapter 13 case to review and object to claims when necessary (E.D. Mo. L.R. 3007). Colorado assigns the duty to examine all proofs of claim to both the Chapter 13 trustee and the debtor's attorney, after the trustee reports the claims to the debtor (D. Colo. L.B.R. 3007-1).

What about debts that come up after I file?

11 U.S.C. § 1305 covers those. A postpetition claim may be filed for taxes that become payable to a governmental unit while the case is pending, or for a consumer debt incurred after the order for relief that is for property or services necessary to your performance under the plan. A consumer claim under § 1305(a)(2) is disallowed if the holder knew or should have known that prior trustee approval was practicable and was not obtained.

Does a claim objection change my plan payment?

It can, and the direction depends on the claim. Priority claims generally must be paid in full in deferred cash payments under 11 U.S.C. § 1322(a)(2) unless the holder agrees to different treatment, so reclassifying a claim out of priority status can lower what the plan must cover. Changes to general unsecured claims often affect distribution percentages rather than the payment amount. Your attorney or trustee can explain the effect in your case.

Sources

• 11 U.S.C. § 501 — Filing of proofs of claims or interests
• 11 U.S.C. § 502 — Allowance of claims or interests · official source
• 11 U.S.C. § 1305 — Filing and allowance of postpetition claims
• 11 U.S.C. § 1322 — Contents of plan · official source
• 11 U.S.C. § 1111 — Claims and interests
• 11 U.S.C. § 925 — Effect of list of claims
• E.D. Cal. LBR 3007-1 — Objections to Proofs of Claim
• D. Mass. LBR Appendix 1, Rule 13-13 — Proofs of Claim and Objections
• E.D. Mo. L.R. 3007 — Objections to Claims
• D. Colo. L.B.R. 3007-1 — Objections to Claims
• D. Me. LBR 3007-1 — Objections to Claims in Chapter 13 Cases
• S.D. Ohio LBR 3007–1 — Claims — Objections
• W.D. Tex. L. Rule 3007-1 — Objections to Claim
• E.D. Tex. LBR 3007-1 — Objections to Claims
• N.D. Okla. LBR 3007-1 — Claims – Objections
• Bankr. D. Idaho LBR 3007-1 — Procedures and Hearings for Objections to Claims
• W.D. Mo. LBR 3084-1 — Chapter 13 Proofs of Claims; Objections to Claims
• D.V.I. Bankruptcy NewBK RulesDec2017 — Chapter 13 — Necessity for Filing Claims
• LAEB LBR compilation (effective May 1, 2013) — Rule 3001-1 Proof of Claim
• Bankr. M.D. Fla. Procedure Manual — Proof of Claim — Proof of Claim
• 28 U.S.C. § 1930(a)(1)(B) — Chapter 13 filing fee
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8 — Administrative fee

Related

• Chapter 13
• Find your local bankruptcy court
• Build your personalised roadmap
• Which debts get discharged
• Exemptions: what they protect