What is a proof of claim?

A proof of claim is a legal document that is filed with a court to establish a creditor’s right to repayment. It is most commonly used in bankruptcy cases, where a proof of claim is required to be filed by a creditor in order to have their claim heard and addressed. In North Carolina, the Bankruptcy Court has specific rules governing the filing of a proof of claim. The document must include the creditor’s name, address, and phone number, the nature and amount of the debt, the date of the debt, the debtor (the person owing the debt) or their estate, as well as other details as required by the court. The proof of claim must also be verified and can be done in either of two ways. First, the creditor can use a written declaration under penalty of perjury in the form of a sworn affidavit. This must include a statement that all information provided in the proof of claim is true and correct. Second, the creditor can appear before the Bankruptcy Court and testify to the accuracy of the proof of claim. Once a proof of claim is filed, the court will review it and decide whether or not the claim will be allowed. If the court allows the claim, it will be listed as part of the total debt amount owed by the debtor. If the court denies the claim, the creditor may appeal or dispute the decision. In either case, the creditor will be notified of the court’s decision and the debt amount will be addressed accordingly.

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