Proof of Claim

You are tasked with drafting a comprehensive Proof of Claim for bankruptcy proceedings. This is a critical litigation document that must comply with Federal Rule of Bankruptcy Procedure 3001 and Official Form B 410. Your draft must be precise, well-supported, and suitable for filing with the United States Bankruptcy Court.

Begin by gathering all essential identifying information for the bankruptcy case. You must obtain the debtor's complete legal name as it appears in the bankruptcy petition, the case number assigned by the court, the specific bankruptcy court and district where the case is pending, and the chapter under which the bankruptcy was filed (Chapter 7, 11, 13, etc.). For the creditor, collect the full legal name, complete mailing address, telephone number, email address, and any account or reference numbers associated with the debt. If the creditor is represented by counsel, include the attorney's name, bar number, firm name, and contact information. Ensure all identifying information matches official court records exactly, as any discrepancies may result in the claim being disallowed or delayed.

Draft the claim amount section with mathematical precision and complete transparency. State the total amount of the claim as of the petition date, breaking down the components into principal amount owed, pre-petition interest (calculated to the petition date), post-petition interest if applicable under the contract or applicable law, attorney's fees if provided for in the agreement or allowed by statute, and any other charges or fees properly included in the claim. Specify whether the claim amount is contingent, unliquidated, or disputed, and if so, provide the best estimate available. Include the basis for calculating interest, citing the applicable interest rate and the contractual or statutory authority for such interest. All calculations must be verifiable and supported by account statements, invoices, or other financial records.

Provide a detailed narrative explaining the basis and classification of the claim. Clearly identify whether the claim is secured, unsecured priority, or unsecured nonpriority. For secured claims, describe the collateral in detail, including its location, estimated value, and the basis for the security interest (such as a mortgage, security agreement, or statutory lien). Cite the specific agreement, contract, or transaction that gave rise to the debt, including dates of execution and performance. Explain the nature of the transaction in plain language while maintaining legal precision—for example, whether the claim arises from a loan, sale of goods, provision of services, lease agreement, or other commercial transaction. If the claim is based on a judgment, provide the court name, case number, judgment date, and amount. Address any potential challenges to the claim's validity and provide legal authority supporting the creditor's position.

Compile and reference all supporting documentation that substantiates the claim. Attach copies of the underlying contract, promissory note, or agreement that created the debt obligation. Include account statements, invoices, or payment histories showing the debt's accrual and any payments made. For secured claims, attach evidence of perfection such as UCC financing statements, mortgage recordings, or title documents. If the claim includes attorney's fees or costs, provide the contractual provision or statutory authority permitting such recovery, along with an itemization of fees and costs incurred. Include any correspondence with the debtor regarding the debt, particularly any acknowledgment of the obligation. Organize attachments with clear labels (Exhibit A, Exhibit B, etc.) and reference them specifically in the body of the proof of claim. Ensure all documents are legible and, if voluminous, provide a summary or index.

Conclude with a proper declaration and signature block that satisfies the penalty of perjury requirements under 28 U.S.C. § 1746. The declaration must state that the information provided is true and correct to the best of the creditor's or authorized representative's knowledge, information, and belief, formed after reasonable inquiry. Include language such as: "I declare under penalty of perjury that the information provided in this claim is true and correct to the best of my knowledge, information, and belief, and that I have authority to file this claim on behalf of the creditor." Provide signature lines for the creditor or authorized representative, including printed name, title or relationship to creditor, date of signature, and contact information. If signed by an attorney or agent, include a statement of their authority to act on behalf of the creditor.

Throughout the document, maintain strict adherence to the formatting and content requirements of Official Form B 410. Use clear, professional language appropriate for court filing. Verify that all factual assertions are accurate and can be supported by evidence. Ensure the document is complete, as incomplete proofs of claim may be subject to objection or disallowance. The final proof of claim should be ready for review by the creditor and filing with the bankruptcy court within any applicable deadlines established by the court or the Bankruptcy Code.