Proofs of Claim and Claim Deadlines in Chapter 7

How does a proof of claim actually work in Chapter 7?

A proof of claim is a written statement of a creditor's claim, and it must substantially conform to Official Form 410 (Fed. R. Bankr. P. 3001(a)). A creditor may file one (11 U.S.C. § 501(a)), and it is filed in the district where the case is pending (Fed. R. Bankr. P. 3002(b)). Once filed, the claim is deemed allowed unless a party in interest objects (11 U.S.C. § 502(a)).

The deadline is the part people search for. In a voluntary Chapter 7 case, a proof of claim is timely if filed within 70 days after the order for relief (Fed. R. Bankr. P. 3002(c)). In an involuntary Chapter 7 case the period is 90 days after the order for relief.

The practical wrinkle: in many consumer Chapter 7 cases there is nothing to distribute, so creditors are told at the start not to file a claim at all.

What changes the deadline, or whether there is one?

Four things move the answer.

Whether the case is voluntary or involuntary. A voluntary Chapter 7 case is commenced by filing the petition, and that filing is itself the order for relief (11 U.S.C. § 301). The 70-day period runs from there; an involuntary case runs 90 days (Fed. R. Bankr. P. 3002(c)).

Who the claimant is. A governmental unit's proof of claim is generally timely if filed within 180 days after the order for relief (Fed. R. Bankr. P. 3002(c)(1)).

Whether the trustee finds assets. If a dividend appears possible, the clerk gives creditors notice and a date to file by (Fed. R. Bankr. P. 3002(c)(5)).

Whether the creditor received notice at all. A tardily filed unsecured claim can still be paid ahead of other late claims if the creditor lacked notice or actual knowledge of the case in time to file, and files in time to permit payment (11 U.S.C. § 726(a)(2)(C)).

What does federal law say about claim deadlines?

Two federal rules and four Code sections do the work. Fed. R. Bankr. P. 3002 says every creditor must file a proof of claim for the claim to be allowed, sets where to file, and sets the time. 11 U.S.C. § 501 says who may file: a creditor, and if the creditor does not file timely, a co-obligor, the debtor, or the trustee. 11 U.S.C. § 502 makes a filed claim allowed unless a party in interest objects. 11 U.S.C. § 726 sets the order in which a Chapter 7 trustee distributes what the estate has. The term "claim" itself is broad: a right to payment, whether or not it is reduced to judgment, liquidated, fixed, contingent, matured, or disputed (11 U.S.C. § 101(5)). Do not borrow Chapter 11's rule here: Fed. R. Bankr. P. 3003 applies only in a Chapter 9 or Chapter 11 case, where a scheduled, undisputed claim is treated as filed (11 U.S.C. § 1111(a)). Chapter 7 has no such shortcut.

Do state or local rules change the claims deadline?

Claim deadlines in Chapter 7 come from the Federal Rules of Bankruptcy Procedure, not from state law and not from a district's own timetable. What varies between districts is mechanics and messaging.

Some courts set no Chapter 7 claims deadline at the start, and issue one only after the trustee reports that assets may be available. Court guidance says it plainly: in Chapter 7 cases, creditors file proofs of claim if the trustee discovers assets that may be liquidated (Bankr. E.D. Mich. official page — Proof of Claim). Where the trustee files a notice of assets, creditors are then sent notice of the bar date.

Districts also differ on how a claim physically reaches the court — the court's electronic filing system, an electronic proof of claim tool, or paper at the clerk's office. Exemptions, which draw on both federal and state law, are a separate subject covered on our state pages.

What does this look like in a real Chapter 7 case?

In a no-asset Chapter 7 case, most creditors never file anything, and neither does the debtor. The initial notice commonly tells creditors there is no claims deadline because no distribution appears likely.

That can change. A trustee may recover an unscheduled asset, unwind a prepetition transfer, or sell property with equity beyond the liens against it. If a dividend then appears possible, the clerk must give creditors at least 90 days' notice by mail that proofs of claim must be filed (Fed. R. Bankr. P. 3002(c)(5)). Creditors respond, the trustee reviews the claims register, and money moves in the order 11 U.S.C. § 726 sets — priority claims first, then general unsecured claims, then late-filed ones.

A creditor's filed claim is an assertion, not a ruling. Court materials put it directly: acceptance of a proof of claim does not guarantee the creditor will be paid (U.S. Bankr. Ct. D. Ariz., Proof of Claim Form and Instructions).

• The petition is filed, which is itself the order for relief in a voluntary case (11 U.S.C. § 301).
• The clerk gives notice of the order for relief to creditors (11 U.S.C. § 342).
• In a no-asset case, the notice commonly states that no proof of claim deadline has been set.
• If assets appear, the clerk gives at least 90 days' notice that claims must be filed (Fed. R. Bankr. P. 3002(c)(5)).
• The trustee distributes in the order set by 11 U.S.C. § 726.

What documents and information go into a proof of claim?

A proof of claim is a short form, but Fed. R. Bankr. P. 3001 requires backup with it — and more of it when the debtor is an individual.

The form is Official Form 410 (Fed. R. Bankr. P. 3001(a)), and only a creditor or the creditor's agent may sign it (Fed. R. Bankr. P. 3001(b)). If the claim is based on a writing, a copy is filed with the claim, or a statement explaining that the writing was lost or destroyed.

Where the debtor is an individual, the creditor must also file an itemized statement of principal and any prepetition interest, fees, expenses, or other charges, plus cure figures and residence-specific attachments where a security interest is claimed. If a claim holder fails to provide required information, the court may, after notice and a hearing, preclude the holder from presenting it as evidence and award other relief (Fed. R. Bankr. P. 3001(c)(3)).

• Official Form 410, signed by the creditor or the creditor's agent.
• A copy of the writing the claim is based on, or a statement explaining its loss or destruction.
• For an individual debtor: an itemized statement of principal and any prepetition interest, fees, expenses, or other charges.
• For a claimed security interest: the amount needed to cure any default as of the date the petition was filed.
• For a security interest in the principal residence: Form 410A and, where there is an escrow account, an escrow-account statement.
• Personal identifiers redacted before filing.

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

Claims practice is where a Chapter 7 case quietly turns technical, and the useful questions are specific rather than general. Two facts shape most of them. First, a filed claim is deemed allowed unless a party in interest objects (11 U.S.C. § 502(a)), so somebody has to actually look at it. Second, a lien that secures a claim is not void solely because the creditor failed to file a proof of claim (Fed. R. Bankr. P. 3002(a)) — which means "no claim was filed" and "the debt against my property is gone" are different statements.

Bring the notice of your case, the claims register if your court posts one, and any correspondence from the trustee. A lawyer or a legal aid office can read those together far faster than you can piece them apart, and can tell you which of the deadlines above is actually running in your case.

• Is anything in my schedules likely to turn this into an asset case?
• A creditor filed a claim for a debt I do not think I owe — who can object under 11 U.S.C. § 502(a), and by when?
• Has a claims bar date been set in my case, or does the notice say none exists?
• A creditor never filed a claim — what does that change, and what does it not change about the lien on my property?
• If the trustee recovers something later, what will I receive in the mail and what deadlines will it carry?

Frequently asked questions

What is a claims bar date?

A claims bar date is the deadline the court sets for filing proofs of claim in a case. In a voluntary Chapter 7 case, the ordinary period for a nongovernmental creditor is 70 days after the order for relief (Fed. R. Bankr. P. 3002(c)). In many no-asset Chapter 7 cases no bar date is set at the outset; the clerk issues one only if assets appear.

Do creditors file claims in a no-asset Chapter 7 case?

Usually not, because there is nothing to distribute. If the trustee later files a notice of assets in a case that began as a no-asset case, creditors are sent a notice of the deadline by which claims are due (U.S. Bankr. Ct. D. Ariz., Proof of Claim Form and Instructions). Until that happens, the initial notice commonly tells creditors no claims deadline has been set.

A creditor filed a claim in my Chapter 7 — should I do something?

A filed claim is deemed allowed unless a party in interest objects (11 U.S.C. § 502(a)), so a claim you dispute stands unchallenged until someone raises it. In an asset case the trustee commonly reviews the claims before distributing under 11 U.S.C. § 726. Whether an objection is worth making in your case is a question for a lawyer who can see your schedules.

What happens to a late-filed claim in Chapter 7?

It is not automatically worthless. Under 11 U.S.C. § 726, allowed unsecured claims that were timely filed are paid before claims that were tardily filed. A late unsecured claim can move up if the creditor did not have notice or actual knowledge of the case in time to file and files in time to permit payment. Late priority claims have their own cutoff tied to the trustee's final report.

Do secured creditors have to file a proof of claim?

Fed. R. Bankr. P. 3002(a) says every creditor must file a proof of claim for the claim to be allowed. The same rule adds that a lien securing a claim is not void solely because the creditor failed to file one. Allowance and distribution from the estate are one question; what a lien continues to do against the property is a separate question.

Can the debtor or the trustee file a claim for a creditor?

Yes. If a creditor does not file within the time Rule 3002(c) or Rule 3003(c) allows, the debtor or trustee may file that claim within 30 days after the creditor's time expires (Fed. R. Bankr. P. 3004), and the clerk must promptly notify the creditor, the debtor and the trustee. 11 U.S.C. § 501(c) is the Code provision behind that rule.

Is the claim deadline the same in Chapter 13?

Fed. R. Bankr. P. 3002(c) also reaches Chapter 12 and Chapter 13 cases: a proof of claim is timely if filed within 70 days after the order for relief or after entry of an order converting the case to Chapter 12 or 13. Chapter 13 additionally allows certain postpetition claims to be filed (11 U.S.C. § 1305), which Chapter 7 does not.

Sources

• Fed. R. Bankr. P. 3002 — Filing a Proof of Claim or Interest · official source
• Fed. R. Bankr. P. 3001 — Proof of Claim · official source
• Fed. R. Bankr. P. 3003 — Chapter 9 or 11 — Filing a Proof of Claim or Equity Interest
• Fed. R. Bankr. P. 3004 — Proof of Claim Filed by the Debtor or Trustee for a Creditor
• 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. § 726 — Distribution of property of the estate
• 11 U.S.C. § 301 — Voluntary cases
• 11 U.S.C. § 342 — Notice · official source
• 11 U.S.C. § 101 — Definitions · official source
• 11 U.S.C. § 1111 — Claims and interests
• 11 U.S.C. § 1305 — Filing and allowance of postpetition claims
• Bankr. E.D. Mich. official page — Proof of Claim
• U.S. Bankr. Ct. D. Ariz., Proof of Claim Form and Instructions

Related

• 11 U.S.C. § 101 — Definitions
• The 341 Meeting of Creditors: What Actually Happens
• Find your local bankruptcy court
• Bankruptcy glossary
• Find a bankruptcy lawyer by state