Proof of Claim


Definition of Proof of Claim

A proof of claim is what a creditor needs to file against a debtor who is filing for bankruptcy in order to gain repayment of any outstanding loan amount. When a person files for bankruptcy, a notice is required to be published in the local newspaper in order to give notice and a chance for any potential creditors of the intended debtor to file a bankruptcy. The claims filed by creditors will be approved by default unless the Trustee deems that they should fall into one of several other categories that make it impossible for the creditor to be repaid.



Proof of Claim Explained

The importance of the debt is the top consideration in determining whether or not a creditor's proof of claim will be allowed. Only the most important debts will be paid during bankruptcy proceedings, especially if there aren't enough assets to liquidate or satisfy all debts. Hence, creditors and their claims will be ranked in their order of importance, and will be satisfied in accordance with the latter. Home loans, car loans, business, or office loans are the most important debts to a Trustee, and will take first priority.