What is a Proof of Claim?

In a Chapter 13 case, or in an asset Chapter 7 case, a party can file something called a Proof of Claim which is based on an official standard form, and includes such information as: Debtor identity and bankruptcy case number; Creditor identity and mailing address; Amount of and basis for the claim; and Type of claim. Usually the creditor files the proof of claim, but sometimes the Debtor’s attorney will file a protective proof of claim.

The deadline for filing proofs of claim is 90 days after the first date scheduled for the Section 341 meeting of creditors.  A proof of claim filed by a governmental unit, other than for a claim resulting from a tax return filed under §1308, is timely filed if it is filed not later than 180 days after the date of the order for relief. A proof of claim filed by a governmental unit for a claim resulting from a tax return filed under §1308 is timely filed if it is filed no later than 180 days after the date of the order for relief or 60 days after the date of the filing of the tax return.  

In a Chapter 13 case, most creditors will file a proof of claim in order to be paid (if priority) or pro-rata (if unsecured) through your plan.  Inaccurate proof of claims can be objected to and resolved before your plan is confirmed.