In Chapter 13 bankruptcy cases, debtors propose a plan to pay creditor's through a trustee. But the trustee doesn't pay the creditors automatically just because they are listed in the plan. The creditor must file a proof of claim with the court. A proof of claim is a document containing the creditor's name, address, and the amount they are owed by the debtor. It also states whether the claim is secured, unsecured or priority, the amount of interest and fees, and attaches documents proving the information contained in the document.
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The supporting documents required as evidence vary according to the nature of the claim and the local rules in the district where the bankruptcy case has been filed. They may include a statement showing how the amount owed was calculated, exhibit list followed by copies of the promissory note, the loan agreement, the deed of trust, financing statement, the security agreement, and any other documents that prove the information in the proof of claim.
Claims don't have to be entirely of one type. The filer may bifurcate the claim into secured and unsecured parts and may also include a priority part for income tax liability. Creditors don't need an attorney to file a proof of claim. The court will usually allow the creditor to upload the form directly to the court's website. However, failing to file it timely will result in the creditor not being paid by the trustee and filing it incorrectly may result in the pleading being stricken. For large claims it may be a good idea to hire an attorney with experience representing creditors in bankruptcy cases.
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