The resources provided on this web page are designed to provide basic information to creditors proceeding in bankruptcy court without an attorney, also known as proceeding “pro se.” When representing yourself before the Court, you must follow all applicable local and federal bankruptcy rules. Representing yourself in a bankruptcy case may be allowed; however, the process can be complex and many self-represented parties often do not obtain the relief they seek because they are unfamiliar with the requirements of the court. Information contained herein is given as a general information and should not be relied upon for your individual circumstances or taken as legal advice. Consult an attorney to discuss your particular circumstances.
You are a creditor if...
You are a person or institution to whom a debtor owes money or claims that a debtor owes you money.
You have received a notice from the court about a particular bankruptcy case whereby the debtor has listed you as someone to whom the debtor owes, or may owe, money.
Creditors who proceed pro se (without an attorney) should be aware of the following:
1. Corporations and Partnerships -- Filing of Papers:
a. Corporations and partnerships generally may not file papers in a bankruptcy case pro se, and, with certain exceptions listed below, must be represented by an attorney.
b. But any creditor (including a corporation or a partnership through a non-attorney representative such as a member, officer, or employee) may file pro se any documents that would not constitute the practice of law, including the following documents (or an amended version of these documents):
- a Request to Receive All Notices under Fed. R. Bankr. P. 2002(i);
- a Proof of Claim Official Form B410) (including an amended Proof of Claim);
- a Withdrawal of a proof of claim;
- a Notice of Transfer of Claim Other Than for Security (Director's Procedural Form B2100A);
- an Application for Search of Bankruptcy Records (Director's Procedural Form B1320);
- a Request to Recover Unclaimed Funds;
- a Reaffirmation Agreement and Proposed Order regarding that Agreement;
- a ballot for voting on the election of a trustee;
- a ballot voting on a proposed plan in a chapter 11 case (the plan proponent being responsible for mailing the ballot to the creditor to cast a vote).
2. Corporations and Partnerships – Participation at the Meeting of Creditors (the meeting at which the debtor must appear and submit to an examination under oath under 11 U.S.C. § 343):
Under 11 U.S.C. § 341(c), and notwithstanding any other statute, rule, or state constitution provision to the contrary, a creditor (including a corporation or partnership) holding a claim arising from a consumer debt (including a non-attorney representative of such creditor such as an employee) must be permitted to appear at and participate in the meeting of creditors in a case under chapter 7 or 13 of the Bankruptcy Code.
3. Individual Creditor Right to Appear and Participate in Case, and to File Papers:
A creditor who is an individual may pursue any matter pro se. Even though an individual may appear pro se, that individual should consider whether to engage an attorney.
Further information about the bankruptcy process and more detailed information for creditors is contained on the Court’s Frequently Asked Questions webpage.
Forms
Proof of Claim form OR use the electronic proof of claim program (ePOC)
Attachment A (Mortgage Proof of Claim)
Supplement 1 (Notice of Mortgage Payment Change)
Supplement 2 (Notice of Postpetition Mortgage Fees, Expenses, and Charges)
Report Bankruptcy Fraud
Penalty for filing a fraudulent claim: Fine of up to $500,000, imprisonment for up to 5 years, or both. 18 U.S. C. 152.
Other Information
Approved Bankruptcy Notice Providers
Bankruptcy Notice Provider Application
Electronic Bankruptcy Noticing
Notice of Preferred Address (National Creditor Registration Service)