A proof of claim is the form document a creditor must complete to be paid from the assets of a bankruptcy case. The proof of claim generally tells the bankruptcy trustee whether the claim is secured or unsecured, priority or nonpriority, and the amount of the claim. All creditors who want to be paid from the bankruptcy estate must file a proof of claim in Chapter 7, 12, and 13 bankruptcy cases—except in Chapter 7 no-asset cases, as there are no funds for distribution to creditors.
In North Carolina, as in all states, a proof of claim is a formal statement filed by a creditor in a bankruptcy case to assert their right to receive a distribution from the bankruptcy estate. This document must detail the nature of the claim (secured or unsecured), its priority status, and the claim's amount. Creditors are required to file a proof of claim in Chapter 7 (liquidation), Chapter 12 (family farmer or fisherman reorganization), and Chapter 13 (individual debt adjustment) bankruptcy cases if they wish to participate in any distribution of the debtor's assets. However, in Chapter 7 cases where the trustee has determined there are no assets to distribute, creditors are not required to file proofs of claim because there will be no distribution. The Bankruptcy Court for the Eastern, Middle, and Western Districts of North Carolina provides specific instructions and deadlines for filing a proof of claim, which creditors must adhere to in order to preserve their rights to collect any debts owed.