Bankruptcy Proof of Claim: Filling Out Official Form 410 for Commercial Creditors

For B2B vendors, commercial landlords, and service providers, a client’s Chapter 11 or Chapter 7 bankruptcy filing can suddenly place thousands of dollars in outstanding invoices at risk. To secure a legal right to a share of any distribution from the debtor's estate, commercial creditors must execute and file a formal Proof of Claim.

In federal bankruptcy courts, this is executed using **Official Form 410 (Proof of Claim)**. Filing a Proof of Claim is a highly technical administrative process. Incomplete documentation or incorrect classification can result in your claim being reclassified or disallowed entirely.

What is Official Form 410?

Official Form 410 is the uniform document used across all U.S. bankruptcy courts to register a creditor's claim. It establishes the debtor's liability, the exact monetary value owed, the legal basis of the debt, and the priority classification of your claim. Whether you are seeking payment for unpaid invoices, lease rejections, or contract breeches, Form 410 is your entry ticket to the bankruptcy distribution pool.

Step-by-Step Walkthrough: Executing Form 410

Filling out Form 410 requires precision. Below is the technical breakdown of the form's most critical sections:

Part 1: Identify the Claim

• Name of the Debtor: Enter the exact legal name of the entity that filed bankruptcy. If the debtor is a parent company with multiple subsidiaries, ensure you file the claim against the specific corporate entity that contracted the debt.
• Case Number: The unique case number assigned by the bankruptcy court (e.g., 26-10432).
• Creditor Information: Your company's legal name, primary mailing address, and the specific contact person authorized to manage the claim.

Part 2: Give Information About the Claim as of the Date the Case Was Filed

• Claim Amount (Box 7): State the exact amount owed on the petition date. Do not include post-petition interest or fees unless legally authorized by contract.
• Basis of the Claim (Box 8): Describe how the debt arose. Common commercial bases include: "Goods sold," "Services performed," "Lease rejection damages," or "Promissory note."
• Supporting Documentation: You must attach copies of unpaid invoices, contracts, purchase orders, or statements of account. Under bankruptcy rules, redacting personal identifying information (such as bank account numbers or SSNs) is mandatory.

Part 3: Classify Your Claim Priority (Box 12)

The classification of your claim determines your position in the repayment queue. Misclassifying your claim is the most common reason debtors file objections. The three primary commercial categories are:

Claim Category	Description & Criteria	Repayment Priority
Secured Claim	Backed by a lien or collateral (such as a mortgage, equipment lien, or UCC-1 filing).	Highest priority. Secured up to the value of the collateral.
Unsecured Priority Claim	Specific claims granted priority under Section 507(a) (e.g., administrative expenses, certain tax claims).	Medium priority. Paid before general unsecured claims.
General Unsecured Claim	Standard trade debt, unpaid services, or lease rejections without collateral backing.	Lowest priority. Typically recovers cents on the dollar.

The 503(b)(9) Administrative Claim Alternative

For B2B suppliers, a crucial exception exists under **Bankruptcy Code Section 503(b)(9)**. If you delivered physical goods to the debtor in the ordinary course of business within **20 days prior to the bankruptcy filing date**, you may qualify for an administrative expense priority claim.

Administrative claims are paid in full before any distributions are made to general unsecured creditors. If you have invoices from this 20-day window, you must file a separate 503(b)(9) motion or request rather than classifying it as a standard general unsecured claim on Form 410.

Filing Deadlines: The Bar Date

The bankruptcy court sets a strict deadline, known as the Bar Date, for filing claims. In Chapter 11 cases, the Bar Date is typically established by a specific court order and notice sent to all known creditors. In Chapter 7 cases, the deadline is generally 70 days after the petition date.

Failure to file your Form 410 before the Bar Date completely extinguishes your right to receive payment. There is virtually no recourse for late filings, regardless of whether you received notice of the case.