A claim is any right to payment which is held by a person or entity, against a person or entity which has filed for bankruptcy. A proof of claim is the written statement filed in a bankruptcy case which states a creditor's claim. Such a proof of claim should include with it a copy of documentation giving rise to the claim (such as a contract, bill, deed of trust, note), along with evidence of the claim's secured status if the claim is secured. The notice of meeting of creditors which is sent to all creditors listed sometimes includes a proof of claim form.

Carefully read all information provided on court notices if you have been listed as a creditor in a bankruptcy case. Should it be found that the individual or business have non-exempt assets or assets acquired by the trustee, you will receive a proof of claim form. Many cases are no-asset cases which may mean that there may be nothing in the bankruptcy estate for unsecured creditors. If you did not received a proof of claim form, you may obtain one from any bankruptcy court Clerk's Office.

In a bankruptcy case where there are non-exempt assets or assets acquired by the trustee, it is important to contact the trustee assigned to the case to find out when you will be paid and how much you will be paid. The contact information for the trustee assigned to the case is located in the Notice of Chapter 7 or 13 Bankruptcy Case, Meeting of Creditors & Deadline document.

It is very important that creditors act with urgency and immediately act once a bankruptcy case has been filed. There may be a very important deadlines which may case your claim to be denied.

The attorneys at Phan, Nguyen and Associates in Oakland, California and San Jose, California are qualified bankruptcy attorney representing creditors with proof of claim matters, relief from stay matters, and adversary complaint matters.