A debtor is the person, corporation, or other entity that has filed a
A creditor is a person, corporation, or other entity to whom debtor owes a debt that was uncurred before
the date of the bankruptcy filing. See 11 U.S.C. §101 (10)
A claim is the creditor's right to receive payment for a debt
owed by the debtor on the date of the bankruptcy filing. See 11 U.S.C.
§101 (5). A claim may be secured or unsecured.
Proof of Claim
A proof of claim is a form used by the creditor to indicate the amount
of the debt owed by the debtor on the date of the bankruptcy filing. The
creditor must file the form with the clerk of the same bankruptcy court
in which the bankruptcy case was filed.
Secured Claim Under 11 U.S.C. §506(a)
A secured claim is one backed by a lien on property of the debtor. The
claim is secured so long as the creditor has the right to be paid from
the property prior to other creditors. The amount of the secured claim
cannot exceed the value of the property. Any amount owed to the creditor
in excess of the value of the property is an unsecured claim. Examples
of liens on property include a mortgage on real estate or a security
interest in a car. A lien may be voluntarily granted by a debtor or may
be obtained through a court proceeding. In some states, a court judgment
is a lien.
A claim also may be secured if the creditor owes the debtor
money (has a right to setoff).
An unsecured claim is one that does not meet the requirements of a
secured claim. A claim may be partly unsecured if the amount of the
claim exceeds the value of the property on which the creditor has a lien.
Claim Entitled to Priority Under 11 U.S.C. §507(a)
Priority claims are certain categories of unsecured claims that are paid
from the available money or property in a bankruptcy case before other
A document has been redacted when the person filing it has masked,
edited out, or otherwise deleted, certain information. A creditor must show
only the last four digits of any social-security, individual's tax-identification,
or financial-account number, only the initials of a minor's name and only the year
of any person's date of birth. If the claim is based on the delivery of health care
goods or services, limit the disclosure of the goods or services so as to avoid
embarrassment or the disclosure of confidential health care information.
Evidence of Perfection
Evidence of perfection may include a mortgage, lien, certificate of
title, financing statement, or other document showing that the lien has
been filed or recorded.
Acknowledgment of Filing of Claim
To receive acknowledgment of your filing, you may either enclose a
stamped self-addressed envelope and a copy of this proof of claim or you
may access the court's PACER system
for a small fee to view your filed proof of claim.
Offers to Purchase a Claim
Certain entities are in the business of purchasing claims for an amount
less than the face value of the claims. One or more of these entities
may contact the creditor and offer to purchase the claim. Some of the
written communications from these entities may easily be confused with
official court documentation or communications from the debtor. These
entities do not represent the bankruptcy court or the debtor. The
creditor has no obligation to sell its claim. However, if the creditor
decides to sell its claim, any transfer of such claim is subject to FRBP
3001(e), any applicable provisions of the Bankruptcy Code (11 U.S.C.
§ 101 et seq.), and any applicable orders of the bankruptcy