In a bankruptcy case, a “claims bar date” is the court-set deadline by which creditors must file their proof of claim. Miss it, and in most cases you lose the right to receive anything from the bankruptcy estate, even if the debtor clearly owes you money and the estate has assets available to pay creditors.
Courts enforce this deadline strictly, and extensions are hard to come by.
How the Bar Date Is Set
The timing turns on the chapter. In a Chapter 7 or Chapter 13 case, the bar date is set automatically by the bankruptcy rules, typically 70 days after the bankruptcy petition was filed. The notice the court mails to creditors when the case is opened will clearly state the bar date. That notice is easy to miss if your accounts receivable department files it without flagging it to someone who knows how to handle it.
In a Chapter 11 case, there is no automatic bar date. The court sets it by separate court order, and the notice goes out to all known creditors. The deadline varies from case to case and can be set anywhere from 30 to 90 days out, sometimes longer in complex cases.
What Happens If You Miss It
In most cases, a proof of claim filed after the bar date will be disallowed. The court can sometimes grant an extension if the creditor had no actual notice of the bankruptcy filing, for example if the debtor failed to list you as a creditor and you did not receive the notice. But “I forgot” or “it got lost on someone’s desk” is generally not enough.
In a Chapter 13 case, an even more specific problem arises. If you do not file a proof of claim, the debtor’s plan may propose to pay you nothing, and the plan can be confirmed on that basis. Your debt may be effectively discharged as to your right to receive plan payments, even though the personal obligation remains.
If Your Debtor Is in Chapter 11, Pay Close Attention
In a Chapter 11 case, many creditors receive a formal notice package in the mail that looks like junk mail. It may be dozens of pages long, it comes from a bankruptcy court in another city, and the deadline is buried in the middle.
A missed deadline here carries real cost. In large Chapter 11 cases, creditors who miss the bar date may be excluded from a plan that pays significant amounts to other creditors who filed timely claims.
When a client tells us their commercial debtor has filed Chapter 11, we immediately monitor the court docket for the bar date order. We do not rely on the notice showing up in the mail.
How We Handle Bankruptcy Claims for Clients
We file proofs of claim on behalf of our clients in all Texas bankruptcy courts. We track the deadlines, prepare the filings, attach the required documentation, and monitor the case for any objections to the claim after it is filed.
If you have received a bankruptcy notice and are not sure whether you need to file a claim or what the deadline is, contact us immediately. The earlier we hear from you, the more options we have.
In this section: Bankrupt Debtors · Proof of Claim
Frequently Asked Questions
What if we received no notice of the bankruptcy at all?
If you had no actual notice of the bankruptcy filing and the bar date has passed, you may be able to file a late claim based on lack of notice, but this requires a court motion and is not guaranteed to succeed. Courts evaluate these on a case-by-case basis, and the outcome depends on whether the debtor properly listed you as a creditor and whether notice was sent to a correct address. Contact us immediately if you discover a bankruptcy after the bar date has passed.
Can the bar date be extended?
In some cases courts will extend the bar date, but this is uncommon and requires a showing of cause. The better approach is always to file before the deadline. If you are close to the deadline when you contact us, we can typically prepare and file a proof of claim on an expedited basis.
Is the bar date the same for all creditors in the case?
Governmental units, including the IRS, state taxing authorities, and other government creditors, have a longer period to file claims than private creditors. For private creditors in Chapter 7 and Chapter 13 cases, the 70-day deadline applies across the board. In Chapter 11 cases, the court-set bar date applies to all creditors unless the order specifies otherwise.
What if we file a proof of claim and the amount turns out to be wrong?
An amended proof of claim can be filed to correct errors or update the amount, for example, to add attorney fees incurred after the initial filing, or to correct a calculation error. Amendments are generally permitted as long as they are filed before the bar date, and sometimes after the bar date if there is a legitimate basis for the amendment and no prejudice to the estate.