(a) Form and Content. A proof of claim is a written statement setting forth a creditor’s claim. A proof of claim shall conform substantially to the appropriate Official Form.
(b) Who May Execute. A proof of claim shall be executed by the creditor or the creditor’s authorized agent except as provided in Rules 3004 and 3005.
(c) Claim Based on a Writing. When a claim, or an interest in property of the debtor securing the claim, is based on a writing, the original or a duplicate shall be filed with the proof of claim. If the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction shall be filed with the claim.
(d) Evidence of Perfection of Security Interest. If a security interest in property of the debtor is claimed, the proof of claim shall be accompanied by evidence that the security interest has been perfected.
(e) Transferred Claim.
(1) Transfer of Claim Other Than for Security Before Proof Filed. If a claim has been transferred other than for security before proof of the claim has been filed, the proof of claim may be filed only by the transferee or an indenture trustee.
(2) Transfer of Claim Other than for Security after Proof Filed. If a claim other than one based on a publicly traded note, bond, or debenture has been transferred other than for security after the proof of claim has been filed, evidence of the transfer shall be filed by the transferee. The clerk shall immediately notify the alleged transferor by mail of the filing of the evidence of transfer and that objection thereto, if any, must be filed within 21 days of the mailing of the notice or within any additional time allowed by the court. If the alleged transferor files a timely objection and the court finds, after notice and a hearing, that the claim has been transferred other than for security, it shall enter an order substituting the transferee for the transferor. If a timely objection is not filed by the alleged transferor, the transferee shall be substituted for the transferor.
(3) Transfer of Claim for Security Before Proof Filed. If a claim other than one based on a publicly traded note, bond, or debenture has been transferred for security before proof of the claim has been filed, the transferor or transferee or both may file a proof of claim for the full amount. The proof shall be supported by a statement setting forth the terms of the transfer. If either the transferor or the transferee files a proof of claim, the clerk shall immediately notify the other by mail of the right to join in the filed claim. If both transferor and transferee file proofs of the same claim, the proofs shall be consolidated. If the transferor or transferee does not file an agreement regarding its relative rights respecting voting of the claim, payment of dividends thereon, or participation in the administration of the estate, on motion by a party in interest and after notice and a hearing, the court shall enter such orders respecting these matters as may be appropriate.
(4) Transfer of Claim for Security after Proof Filed. If a claim other than one based on a publicly traded note, bond, or debenture has been transferred for security after the proof of claim has been filed, evidence of the terms of the transfer shall be filed by the transferee. The clerk shall immediately notify the alleged transferor by mail of the filing of the evidence of transfer and that objection thereto, if any, must be filed within 21 days of the mailing of the notice or within any additional time allowed by the court. If a timely objection is filed by the alleged transferor, the court, after notice and a hearing, shall determine whether the claim has been transferred for security. If the transferor or transferee does not file an agreement regarding its relative rights respecting voting of the claim, payment of dividends thereon, or participation in the administration of the estate, on motion by a party in interest and after notice and a hearing, the court shall enter such orders respecting these matters as may be appropriate.
(5) Service of Objection or Motion; Notice of Hearing. A copy of an objection filed pursuant to paragraph (2) or (4) or a motion filed pursuant to paragraph (3) or (4) of this subdivision together with a notice of a hearing shall be mailed or otherwise delivered to the transferor or transferee, whichever is appropriate, at least 30 days prior to the hearing.
(f) Evidentiary Effect. A proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim.
**(g) To the extent not inconsistent with the United States Warehouse Act or applicable State law, a warehouse receipt, scale ticket, or similar document of the type routinely issued as evidence of title by a grain storage facility, as defined in section 557 of title 11, shall constitute prima facie evidence of the validity and amount of a claim of ownership of a quantity of grain.
(As amended Pub.** L. 98–353, title III, § 354, July 10, 1984, 98 Stat. 361; Apr. 30, 1991, eff. Aug. 1, 1991; Mar. 26, 2009, eff. Dec. 1, 2009.)
added in current removed in current
Compared to current version (2025).
(a) Form and ContentDefinition and Form. A proof of claim is a written statement setting forthof a creditor’s claim. A proof of claim shall conform substantially to the appropriate OfficialIt must substantially conform to Form 410.
(b) Who May Execute. A pSign a Proof of cClaim shall be executed by the. Only a creditor or the creditor’s authorized agent gent may sign a proof of claim-except as provided in Rules 3004 and 3005.
(c) ClaimRequired Supporting Information.
(1) Claim or Interest Based on a Writing. WhenIf a claim, or an interest in property of the debtorthe debtor’s property securing the claim, is based on a writing, the original or a duplicate shall be filed with the proof of claimcreditor must file a copy with the proof of claim- except for a claim based on a consumer-credit agreement under (4). If the writing has been lost or destroyed, a statement of the circumstances ofexplaining the loss or destruction shallmust be filed with the claim.
(d2) Evidence of Perfection of Security Interest. If a security interest in property of the debtor is claimed, the proof of claim shall be accompanied by evidence that the security interest has been perfected.
(e) Transferred ClaimAdditional Information in an Individual Debtor’s Case. If the debtor is an individual, the creditor must file with the proof of claim:
(A) an itemized statement of the principal amount and any interest, fees, expenses, or other charges incurred before the petition was filed;
(B) for any claimed security interest in the debtor’s property, the amount needed to cure any default as of the date the petition was filed; and
(C) for any claimed security interest in the debtor’s principal residence:
(i)
(ii) if there is an escrow account connected with the claim, an escrow-account statement, prepared as of the date the petition was filed, that is consistent in form with applicable nonbankruptcy law.
(3) Sanctions in an Individual-Debtor Case. If the debtor is an individual and a claim holder fails to provide any information required by (1) or (2), the court may, after notice and a hearing, take one or both of these actions:
(A) preclude the holder from presenting the information in any form as evidence in any contested matter or adversary proceeding in the case-unless the court determines that the failure is substantially justified or is harmless; and
(B) award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure.
(4) Claim Based on an Open-End or Revolving Consumer-Credit Agreement.
(1A) Transfer of Claim Other Than for Security Before Proof Filed. IfRequired Statement. Except when the claim is secured by an interest in the debtor’s real property, a proof of claim for a claim hbas been transferred other than for security before proofed on an open-end or revolving consumer-credit agreement must be accompanied by a statement that shows the following information about the credit account:
(i) the name of the entity from whom the creditor purchased the account;
(ii) the name of the entity to whom the debt was owed at the time of an account holder’s last transaction on the account;
(iii) the date of that last transaction;
(iv) the date of the claim has been filed, the proof of claim may be filed only by the transferee or an indenture trusteest payment on the account; and
(v) the date that the account was charged to profit and loss.
(B) Copy to a Party in Interest. On a party in interest’s written request, the creditor must send a copy of the writing described in (1) to that party within 30 days after the request is sent.
(d) Claim Based on a Security Interest in the Debtor ’ s Prop - erty . If a creditor claims a security interest in the debtor’s property, the proof of claim must be accompanied by evidence that the security interest has been perfected.
(2e) Transfer of Claim Ored Claim.
(1) Claim Transferred Before a Proof of Claim Is Filed. Unless ther thransfer was made for Ssecurity after Proof Filed. If a claim o, if a claim was transferred before a proof of claim is filed, only ther thran one based on a publicly traded note, bond, or debenture has been transferred osferee or an indenture trustee may file a proof of claim.
(2) Claim Transferred After a Proof of Claim Was Filed.
(A) Filing Evidence of the Transfer. Unless ther thran for security after thesfer was made for security, the transferee of a claim that was transferred after a proof of claim has beenis filed must filed, evidence of the transfer shall be filed by the transferee-except for a claim based on a publicly traded note, bond, or debenture.
(B) Notice of the Filing and the Time for Objecting. The clerk shallmust immediately notify the alleged transferor, by mail of the filing of the, that evidence of the transfer and that objection thereto, if any, must be filed within 21 days of the mailing of the notice or within any additional time allowed by the court. If the alleged transferor files a timely objection and the court finds,has been filed and that the alleged transferor has 21 days after the notice is mailed to file an objection. The court may extend the time to file it.
(C) Hearing on an Objection; Substituting the Transferee. If, on timely objection by the alleged transferor and after notice and a hearing, the court finds that the claim hwas been transferred other than for security, it shall enter an orderthe court must substitutinge the transferee for the transferor. If a timely objection is not filed by the alleged transferorthe alleged transferor does not file a timely objection, the transferee shallmust be substituted for the transferor.
(3) Claim Transfer of Claimred for Security Before a Proof Filedof Claim Is Filed.
(A) Right to File a Proof of Claim. If a claim other than(except one based on a publicly traded note, bond, or debenture has been) was transferred for security before the proof of the claim has beenis filed, either the transferor or transferee (or both) may file a proof of claim for the full amount. The proof shall be supported byof claim must include a statement setting forth the terms of the transfer.
(B) Notice of a Right to Join in a Proof of Claim; Consolidating Proofs. If either the transferor or the transferee files a proof of claim, the clerk shallmust, by mail, immediately notify the other by mail of the right to join in the filed claim. If both transferor and transferee file proofs of the same claim, the proofs shallclaims must be consolidated. If the transferor or transferee does not f
(C) Failure to File an aAgreement regarding its relativAbout the rRights respecting voting of the claim, payment of dividends thereon, or participation in the administration of the estate, on motion byof the Transferor and Transferee. On a party in interest’s motion and after notice and a hearing, the court shall enter such orders respecting these matters as may be appropriatemust issue appropriate orders regarding the rights of the transferor and transferee if either one fails to file an agreement on voting the claim, receiving dividends on it, or participating in the estate’s administration.
(4) Claim Transfer of Claimred for Security aAfter a Proof Filedof Claim Was Filed.
(A) Filing Evidence of the Transfer. If a claim other than(except one based on a publicly traded note, bond, or debenture has been) was transferred for security after thea proof of claim hwas been filed, evidence offiled, the transferee must file a statement setting forth the terms of the transfer shall b.
(B) Notice of the fFiled by the transfereeing and the Time for Objecting. The clerk shallmust immediately notify the alleged transferor, by mail of the filing of the, that evidence of the transfer and that objection thereto, if any, must be filed within 21 days of the mailing of the notice or within any additional time allowed by the court. If a timely objection is filed by the alleged transferorhas been filed and that the alleged transferor has 21 days after the notice is mailed to file an objection. The court may extend the time to file it.
(C) Hearing on an Objection. If the alleged transferor files a timely objection, the court must, after notice and a hearing, shall determine whether the claim has been transferred was for security. If the transferor or transferee does not f
(D) Failure to File an aAgreement regarding its relativAbout the rRights respecting voting of the claim, payment of dividends thereon, or participation in the administration of the estate, on motion byof the Transferor and Transferee. On a party in interest’s motion and after notice and a hearing, the court shall enter suchmust issue appropriate orders respectgarding these matters as may be appropriate rights of the transferor and transferee if either one fails to file an agreement on voting the claim, receiving dividends on it, or participating in the estate’s administration.
(5) Service ofng an Objection or Motion; Notice of a Hearing. At least 30 days before a hearing, a copy of any objection filed pursuant to paragraphunder (2) or (4) or any motion filed pursuant to paragraph (3) or (4) of this subdivision together with a notice of a hearing shallunder (3) or (4) must be mailed or otherwise delivered to either the transferor or transferee, whichever i as appropriate, at least 30 days prior to the hearing.
(f) Evidentiary Effectogether with notice of the hearing.
(f) Proof of Claim as Prima Facie Evidence of a Claim and Its Amount. A proof of claim executsigned and filed in accordance with these rules ishall constitute prima facie evidence of the claim’s validity and amount of the claim.
(g).
(g) Proving the Ownership and Quantity of Grain. To the extent not inconsistent with the United States Warehouse Act or applicable State law, a warehouse receipt, scale ticket, or similar document of the type routinely issued as evidence of title by a grain storage facility, as defined in section 557 of title 11, shall constitute prima facie evidence of the validity and amount of a claim of ownership of a quantity of grain.
(As amended Pub. L. 98-353, title III, § 354, July 10, 1984, 98 Stat. 361; Apr. 30, 1991, eff. Aug. 1, 1991; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2011, eff. Dec 1, 2011; Apr. 23, 2012, eff. Dec. 1, 2012; Apr. 2, 2024, eff. Dec. 1, 2024.)