As a creditor, you need to find out whether the debtor has included your name in the list of creditors while filing for bankruptcy. If you wish to be paid back what the debtor owes to you. You can download Form 10 which is the official proof of claim form from the website of the US courts.



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Again you need to check the Chapters before obtaining the form. You need to fill out the form mentioning the specifications of the debt in detail. Ensure that all the fields are filled out correctly. You need to submit the Form along with the necessary supporting documents. These include copies of the details of the contracts, liens or invoices and court judgments. The claim should be filed in the same court in which the case for bankruptcy has been filed by the debtor. If the case has been filed under Chapter 7, then the creditors need to submit the proof of claim form along with the documents within a span of 90 days following the date decided upon for the creditors meeting. If the bankruptcy claim has been filed under Chapter 13, the proof of claim form should be submitted as soon as possible. There is a possibility that late claims might be discharged.

If the creditor has a secured claim in case filed under Chapter 7, then there a proof of claim is not required. The Form clearly states the reason about the debtor owing the money. After the bankruptcy case is filed in the court of law, the latter will inform the creditor about the filing of the petition by sending an official notice. But as a creditor, the onus to find out whether any of your debtors has filed for a bankruptcy rests on you. In cases where the creditors have an unsecured outstanding debt and no proof of claim is submitted, then the former is not liable to have a share of any of the assets. Instances where a late claim is made, the creditor can request the court for a tardy claim. It will then be decided by the court whether it grants the necessary permission.

All the legal procedures must be followed to the core and the proof of claim form filled out appropriately to ensure that you get back the amount that you have lent.