Proofs of Claim

Filing a Proof of Claim

To file a proof of claim, complete Form B10

To file a proof of claim electronically...

you must have a  CM-ECF account.  Non-attorney creditors should register for an ECF Limited-use Account.     Please follow the procedures to File Proof of Claim or Amended Proof of Claim.    Please also read Clerk's Tips to Help Process Your Claims More Efficiently and Converting an Interactive PDF File to a Non-interactive PDF File.

To file a proof of claim in paper...

complete Form B10 and submit the completed form to the Clerk's Office. Please note that, for Chapter 12 or 13 cases, the Clerk's Office requires that an additional copy of the Proof of Claim form be submitted if the claim is submitted in paper. See the Clerk's Office copy requirements page for details.

General Information about Claims

Approximately 98% of Chapter 7 cases filed in the District of New Mexico are no asset cases. A no asset case is one in which there will not be a distribution on claims. For this reason, the Notice of Commencement of Case (the 341 meeting of creditors notice) sent to the creditors will state that it is not necessary to file proofs of claim at this time. In the event the trustee determines that there are assets to distribute, a separate notice — Notice of Possible Dividend — is mailed to all creditors instructing them to file proofs of claim by a certain deadline. It is important to file a claim timely; tardy claims are paid only after other claims are paid, and would likely result in no payment at all.

In Chapter 13 and Chapter 12 cases, the original Notice of Commencement of Case will establish a proof of claim deadline. In Chapter 11 cases, the deadline for filing proofs of claim is set after the case is filed, and notice of the deadline — the claims bar date — is sent to creditors.

In Chapter 11 cases, no proof of claim is required unless:

  1. the creditor is listed as contingent, disputed, or unliquidated;
  2. the creditor is omitted from the schedules; or
  3. the creditor disagrees with the nature or amount of claim listed by the Chapter 11 debtor in the schedules. See Bankruptcy Rule 3003(c).

Documentation of any claim based on a writing is required pursuant to Bankruptcy Rule 3001(c). Attach any contracts, judgments, bills, invoices, or other writings that document the amount and nature of the claim. In the absence of documentation, the trustee, the debtor, or any other creditor may challenge the claim.

There are very serious penalties for presenting a false claim. See 18 U.S.C. § 152 and § 3571.