A Proof of claim in bankruptcy, in

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

bankruptcy

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, is a document filed with the Court so as to register a claim against the

assets In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that can ...

of the bankruptcy estate. The claim sets out the amount that is owed to the creditor as of the date of the bankruptcy filing and, if relevant, any priority status. Although a document called a Claim in Bankruptcy is used in proceedings in both Canada and the United States, in the United States, the document is properly termed a Proof of Claim. The form is different although they share many similar aspects. Upon receipt of a claim, the Trustee in bankruptcy must notify the claimant (or creditor) whether the estate will object to the claim or whether it will, as is the default case, allow the claim. Some of the reasons a creditor's claim may be objected to are that: * the claim is not

liquidated Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistr ...

, such as a claim for damages for pain and suffering that is not the result of a judgment debt. This assertion is not fatal as the claim may be liquidated in Bankruptcy Court; * the claim omits appropriate set-offs to which the bankrupt entity ("the debtor") is entitled

by operation of law The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...

; * the amount of the claim is in dispute, such as a bill for defective goods, in which case the matter may be litigated in Bankruptcy Court; * the creditor is claiming a higher priority than they are entitled to, such as an ordinary creditor claiming priority to estate assets. If a claim is objected to, the

bankruptcy court United States bankruptcy courts are courts created under Article I of the United States Constitution. The current system of bankruptcy courts was created by the United States Congress in 1978, effective April 1, 1984. United States bankruptcy c ...

may set a hearing and, if necessary, conduct a trial, in order to resolve the dispute. There is usually a deadline (termed the Bar Date) for filing claims to allow the trustee to determine the distribution of any funds obtained from the liquidation of the estate. Claims are paid out first to administrative creditors, then to priority unsecured creditors according to their statutory priority, and finally to the non-priority unsecured creditors, with all claims paid ''

pro rata ''Pro rata'' is an adverb or adjective meaning in equal portions or in proportion. The term is used in many legal and economic contexts. The hyphenated spelling ''pro-rata'' for the adjective form is common, as recommended for adjectives by some E ...

'' with other members of the class.

External links

* http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Current/B_010.pdf Proof of claim form published by the US Department of Justice for use by creditors in bankruptcy cases
Mobile-friendly edition of the Federal Rules of Bankruptcy Procedure
(www.federalrulesofbankruptcyprocedure.org)

External links

See also