(a) DEFINITION AND FORM. A proof of claim is a written state-
ment of a creditor’s claim. It must substantially conform to Form
410.
(b) WHO MAY SIGN A PROOF OF CLAIM. Only a creditor or the
creditor’s agent may sign a proof of claim—except as provided in
Rules 3004 and 3005.
(c) REQUIREDSUPPORTINGINFORMATION.
(1) Claim or Interest Based on a Writing. If a claim or an inter-
est in the debtor’s property securing the claim is based on a
writing, the creditor must file a copy with the proof of claim—
except for a claim based on a consumer-credit agreement
under (4). If the writing has been lost or destroyed, a state-
ment explaining the loss or destruction must be filed with the
claim.
(2) Additional Information in an Individual Debtor’s Case. If the
debtor is an individual, the creditor must file with the proof
of claim:
(A) an itemized statement of the principal amount and
any interest, fees, expenses, or other charges incurred be-
fore the petition was filed;
(B) for any claimed security interest in the debtor’s
property, the amount needed to cure any default as of the
date the petition was filed; and
(C) for any claimed security interest in the debtor’s prin-
cipal residence:
(i) Form 410A; and
(ii) if there is an escrow account connected with the
claim, an escrow-account statement, prepared as of the
date the petition was filed, that is consistent in form
with applicable nonbankruptcy law.
(3) Sanctions in an Individual-Debtor Case. If the debtor is an
individual and a claim holder fails to provide any information
required by (1) or (2), the court may, after notice and a hear-
ing, take one or both of these actions:
(A) preclude the holder from presenting the information
in any form as evidence in any contested matter or adver-
sary proceeding in the case—unless the court determines
that the failure is substantially justified or is harmless;
and
(B) award other appropriate relief, including reasonable
expenses and attorney’s fees caused by the failure.
(4) Claim Based on an Open-End or Revolving Consumer-Credit
Agreement.
(A) Required Statement. Except when the claim is secured
by an interest in the debtor’s real property, a proof of
claim for a claim based on an open-end or revolving con-
sumer-credit agreement must be accompanied by a state-
ment that shows the following information about the cred-
it account:
(i) the name of the entity from whom the creditor
purchased the account;
(ii) the name of the entity to whom the debt was
owed at the time of an account holder’s last trans-
action on the account;
(iii) the date of that last transaction;
(iv) the date of the last payment on the account; and
(v) the date that the account was charged to profit
and loss.
(B) Copy to a Party in Interest. On a party in interest’s
written request, the creditor must send a copy of the writ-
ing described in (1) to that party within 30 days after the
request is sent.
(d) CLAIM BASED ON A SECURITY INTEREST IN THE DEBTOR’S PROP-
ERTY. If a creditor claims a security interest in the debtor’s prop-
erty, the proof of claim must be accompanied by evidence that the
security interest has been perfected.
(e) TRANSFERREDCLAIM.
(1) Claim Transferred Before a Proof of Claim Is Filed. Unless
the transfer was made for security, if a claim was transferred
before a proof of claim is filed, only the transferee or an inden-
ture trustee may file a proof of claim.
(2) Claim Transferred After a Proof of Claim Was Filed.
(A) Filing Evidence of the Transfer. Unless the transfer
was made for security, the transferee of a claim that was
transferred after a proof of claim is filed must file evi-
dence of the transfer—except for a claim based on a pub-
licly traded note, bond, or debenture.
(B) Notice of the Filing and the Time for Objecting. The
clerk must immediately notify the alleged transferor, by
mail, that evidence of the transfer has been filed and that
the alleged transferor has 21 days after the notice is
mailed to file an objection. The court may extend the time
to file it.
(C) Hearing on an Objection; Substituting the Transferee. If,
on timely objection by the alleged transferor and after no-
tice and a hearing, the court finds that the claim was
transferred other than for security, the court must sub-
stitute the transferee for the transferor. If the alleged
transferor does not file a timely objection, the transferee
must be substituted for the transferor.
(3) Claim Transferred for Security Before a Proof of Claim Is
Filed.
(A) Right to File a Proof of Claim. If a claim (except one
based on a publicly traded note, bond, or debenture) was
transferred for security before the proof of claim is filed,
either the transferor or transferee (or both) may file a
proof of claim for the full amount. The proof of claim must
include a statement setting forth the terms of the trans-
fer.
(B) Notice of a Right to Join in a Proof of Claim; Consolidat-
ing Proofs. If either the transferor or transferee files a
proof of claim, the clerk must, by mail, immediately no-
tify the other of the right to join in the claim. If both file
proofs of the same claim, the claims must be consolidated.
(C) Failure to File an Agreement About the Rights of the
Transferor and Transferee. On a party in interest’s motion
and after notice and a hearing, the court must issue appro-
priate orders regarding the rights of the transferor and
transferee if either one fails to file an agreement on voting
the claim, receiving dividends on it, or participating in the
estate’s administration.
(4) Claim Transferred for Security After a Proof of Claim Was
Filed.
(A) Filing Evidence of the Transfer. If a claim (except one
based on a publicly traded note, bond, or debenture) was
transferred for security after a proof of claim was filed,
the transferee must file a statement setting forth the
terms of the transfer.
(B) Notice of the Filing and the Time for Objecting. The
clerk must immediately notify the alleged transferor, by
mail, that evidence of the transfer has been filed and that
the alleged transferor has 21 days after the notice is
mailed to file an objection. The court may extend the time
to file it.
(C) Hearing on an Objection. If the alleged transferor files
a timely objection, the court must, after notice and a
hearing, determine whether the transfer was for security.
(D) Failure to File an Agreement About the Rights of the
Transferor and Transferee. On a party in interest’s motion
and after notice and a hearing, the court must issue appro-
priate orders regarding the rights of the transferor and
transferee if either one fails to file an agreement on voting
the claim, receiving dividends on it, or participating in the
estate’s administration.
(5) Serving an Objection or Motion; Notice of a Hearing. At least
30 days before a hearing, a copy of any objection filed under
(2) or (4) or any motion filed under (3) or (4) must be mailed
or delivered to either the transferor or transferee as appro-
priate, together with notice of the hearing.
(f) PROOF OF CLAIM AS PRIMA FACIE EVIDENCE OF A CLAIM AND ITS
AMOUNT. A proof of claim signed and filed in accordance with
these rules is prima facie evidence of the claim’s validity and
amount.
(g) PROVING THE OWNERSHIP AND QUANTITY OF GRAIN. To the ex-
tent not inconsistent with the United States Warehouse Act or ap-
plicable State law, a warehouse receipt, scale ticket, or similar
document of the type routinely issued as evidence of title by a
grain storage facility, as defined in section
557 of title 11, shall
constitute prima facie evidence of the validity and amount of a
claim of ownership of a quantity of grain.