A "proof of claim" is a creditor's statement of the amount the debtor owes to the creditor and a description of the type of claim (secured, priority unsecured, or general unsecured). If you were scheduled as a creditor in a chapter 7 (liquidation) bankruptcy case with assets or in any chapter 11, 12, or 13 case, you will receive a notice from the Bankruptcy Clerk that includes a deadline for filing a proof of claim. If you did not receive a notice but believe you are a creditor in a case, you may call the Bankruptcy Clerk for a copy of the notice at (605) 357-2400 or (605) 945-4460. Read the notice thoroughly and heed the deadline. Consult Federal Rule of Bankruptcy Procedure 3001 to learn what supporting information may be required with your proof of claim. If you need help understanding what to file, please contact an attorney. The Bankruptcy Judge and his staff and the Bankruptcy Clerk and his staff cannot give you legal advice, including about your particular claim.
Under federal law, there is a penalty for filing a fraudulent claim. If convicted, the filer of a fraudulent claim may be fined up to $500,000.00, imprisoned up to 5 years, or both. See 18 U.S.C. §§ 152 and 3571.
Amending a Proof of Claim
If information in a proof of claim or its supporting information is incorrect or incomplete, a creditor must file an amended proof of claim. The creditor may do so in one of two ways. Click here to learn more.
Supplementing a Proof of Claim
If you failed to include necessary information in a filed proof of claim or if a filed proof of claim or supporting information contains an error, click here for more information.