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 West Virginia, as in all states, a proof of claim is a formal statement that creditors must file to assert their right to receive a payment from a bankruptcy estate. This document is required in Chapter 7 (liquidation), Chapter 12 (adjustment of debts of a family farmer or fisherman), and Chapter 13 (individual debt adjustment) bankruptcy cases, provided there are assets available to distribute. The proof of claim form must detail whether the debt is secured or unsecured, whether it holds priority status, and the precise amount of the claim. Creditors must file this form with the bankruptcy court 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 (no-asset cases), creditors are not required to file a proof of claim because there will be no distribution. The process and deadlines for filing a proof of claim in West Virginia follow the federal Bankruptcy Rules, as bankruptcy is governed primarily by federal law rather than state law.