Missed the SmileDirectClub Claim Deadline? Here Is What You Can Still Do in 2026

Finding out about a SmileDirectClub settlement or bankruptcy claim after the deadline has passed is genuinely frustrating. You were a customer. You paid money. You may have experienced real harm. And now you are reading that a deadline came and went without you knowing about it.

Here is the honest answer: some of those windows are closed for good. Others may still have a narrow opening depending on your specific situation. This guide tells you which is which — without sugarcoating it — and gives you the exact steps to take if any path remains available to you.

First: There Are Three Separate Situations — Know Which One Applies to You

Before doing anything, you need to know which program you missed, because each has a completely different status in 2026.

Situation 1 — The SmileDirectClub Bankruptcy (Chapter 7) On September 29, 2023, SmileDirectClub filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern District of Texas. On January 26, 2024, the cases were converted to Chapter 7. The general bar date — the deadline to file a proof of claim against SmileDirectClub itself — was November 27, 2023. This is the path for customers who want money back from SmileDirectClub directly for refunds, undelivered treatment, or product harm.

Situation 2 — The Snow v. Align Technology Antitrust Settlement ($31.75 million) This separate settlement with Align Technology (the maker of Invisalign) covered customers who overpaid for SmileDirectClub aligners due to alleged anticompetitive conduct. The claim filing deadline was October 27, 2025, and the claim portal is now closed. Many customers in SmileDirectClub’s records received automatic payments without filing anything.

Situation 3 — The HFD / New York AG Refund Program ($4.8 million) This program covered customers who were wrongfully charged monthly installment payments through Healthcare Finance Direct (HFD) after SmileDirectClub shut down in December 2023. The refund request deadline was March 2025 and is now closed.

Read through all three sections below. Your situation may overlap more than one.

The Bankruptcy Claim: What “Excusable Neglect” Means and Whether It Applies to You

The general bar date for the SmileDirectClub bankruptcy — November 27, 2023 — has long passed. But bankruptcy law does not treat every late filing the same way.

Under the Supreme Court’s decision in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993), courts adopted an “excusable neglect” standard for late-filed claims, guided by several factors: the relevant circumstances surrounding the late claim, the danger of prejudice to the opposing party, the length of the delay and its potential impact on judicial proceedings, the reason for the delay — including whether it was within the reasonable control of the moving party — and whether the movant acted in good faith.

In plain English: if you have a legitimate reason you could not have filed on time, a bankruptcy court has the legal authority to accept your late claim. The key word is legitimate. Courts weigh these situations carefully and do not grant them routinely.

Related article: Gordon-Darby v. New Hampshire, The Car Inspection Lawsuit That Could End Annual Stickers for Good

Your claim may qualify under excusable neglect if:

• You never received a bankruptcy notice from SmileDirectClub — if the debtor did not list the creditor in its Schedules, and the creditor did not find out about the bankruptcy filing until after the bar date, a late filing may be excused under the doctrine of excusable neglect.
• Your dental injury or health harm was only diagnosed recently — the “discovery rule” means the clock may start from when you discovered your injury, not when SmileDirectClub shut down. If you didn’t know SmileDirectClub caused your dental problems until recently, the clock may start from your discovery date rather than the original injury date.
• You experienced circumstances genuinely outside your control that prevented timely filing

Your claim will likely NOT qualify under excusable neglect if:

• You knew about the bankruptcy and simply did not act in time
• You received the bar date notice but missed it due to inattention
• The creditor knew about the bankruptcy case but failed to file a timely claim — even if the debtor did not list the creditor on its Schedules — its claim may be denied.

Courts in the Fifth Circuit — which covers the Southern District of Texas where this case sits — place significant weight on whether the delay was within your reasonable control. The stronger your documented reason for not knowing, the better your position.

One important reality check: SmileDirectClub’s Chapter 7 trustee has faced significant challenges, including a court ruling that the company’s founders must be repaid before other parties. Even if a late claim is accepted, the amount available for unsecured customer creditors — which is what most consumers would be — is limited. Going through this process may cost more in legal fees than you recover. Consult a bankruptcy attorney before filing anything.

Step-by-Step: How to Check Your Status and File a Late Claim

Step 1 — Go to the Official Bankruptcy Portal

Visit restructuring.ra.kroll.com/smiledirectclub/Home-Index — this is the official Kroll Restructuring Administration page for Case No. 23-90786. Do not use any other site.

On this page you can:

• Review the case background and current status
• Access the docket to see the most recent court filings
• Download the Bar Date Notice and other key documents
• Check the Claims section to see if your name appears as a filed creditor

Step 2 — Check If a Claim Is Already on File Under Your Name

Use the Claims search on the Kroll portal. It is possible a claim was filed on your behalf without your knowledge, or that SmileDirectClub listed you as a creditor in its Schedules. If you appear there, your situation is different from someone with no claim on record at all.

Step 3 — Review the Court Docket for Current Activity

Claims may be filed online via the Court’s CM/ECF system, available at ecf.txsb.uscourts.gov. The case is In re SmileDirectClub, Inc., et al., Case No. 23-90786, in the U.S. Bankruptcy Court for the Southern District of Texas. Log into PACER (free registration) at pacer.gov to access the full docket and see whether the trustee has filed any new claims notices or distribution orders.

Step 4 — File a Motion for Leave to File a Late Proof of Claim

If you believe you have an excusable neglect argument, this is the formal step. You — or your attorney — file a motion in the bankruptcy court asking the judge for permission to file your proof of claim late. Federal Rule of Bankruptcy Procedure 9006(b)(1) gives the court discretion to enlarge the time to file claims, but only where the failure to act was the result of excusable neglect.

Your motion must explain:

• Why you did not file on time (specifically and with evidence)
• How long ago you discovered the bankruptcy
• Why allowing your claim would not unfairly harm other creditors
• That you are acting in good faith now

This is not a DIY document if you have a significant claim. Hire a bankruptcy attorney who practices in Texas or who can file in the Southern District. Many offer free consultations for this type of situation.

Step 5 — If Your Motion Is Granted, File Your Proof of Claim

The actual proof of claim form is available through the court’s CM/ECF system. You will describe:

• The nature of your claim (refund, undelivered treatment, dental harm)
• The dollar amount you are claiming
• Any documentation supporting it: purchase receipts, bank statements, dental records, treatment plans, correspondence with SmileDirectClub

Keep copies of everything you submit.

The HFD Exception: Wrongful Charges After the Shutdown

If SmileDirectClub kept charging you through its SmilePay installment plan after it shut down in December 2023, this is a separate situation handled by Healthcare Finance Direct (HFD), not the bankruptcy court.

The New York Attorney General recovered $4.8 million for more than 28,000 consumers who were improperly charged by SmileDirectClub after it went bankrupt and stopped providing services. A portion of the refunds were issued automatically, and additional refunds required customers to submit a Refund Request Form to HFD by March 11, 2025.

That refund request deadline has passed. However, you still have options:

• Contact HFD directly at gohfd.com to ask about the status of your specific account. If you were charged after December 8, 2023, ask whether any automatic refund was issued to you. It is possible a refund was processed and you did not notice it.
  
• File a consumer complaint with the New York Attorney General at ag.ny.gov or by calling 1-800-428-9071. Attorney General James asked any patient who believes they have been a victim of misleading billing practices to file a complaint. The AG’s office investigated and acted once before — they should know about any customers still experiencing billing issues.
  
• Contact your state attorney general or state consumer protection office — many states have their own consumer fraud units that can escalate complaints against companies that charged for services they no longer provided.
  
• Dispute the charges with your bank or credit card company — if charges occurred after December 8, 2023, and you have documentation, your bank may still be able to assist with a dispute depending on your institution’s policies.
  

One important distinction: HFD did not process SmileDirectClub’s down payments. Those were paid directly to SmileDirectClub and are not part of the HFD Compensation Plan. If you want a refund of your down payment, you would need to proceed through the bankruptcy process.

The Snow v. Align Settlement: This Window Is Closed

The claim deadline for the Snow v. Align Technology antitrust settlement was October 27, 2025. That window is closed and no new claims can be submitted through the settlement administrator.

If you were in SmileDirectClub’s records as a purchaser, you may have received an automatic payment already — check your bank account and mail for anything from the “Snow v. Align Class Action Settlement Administrator.” If you did not receive anything and believe you qualified, contact the administrator directly:

• Phone: 1-888-788-8304
• Email: [email protected]
• Mail: Snow v. Align Class Action Settlement Administrator, PO Box 2830, Portland, OR 97208-2830

Ask specifically whether you were identified in SmileDirectClub’s records and whether a payment was sent to your address on file. Payments cannot be re-opened, but you may be owed a reissue if a check was sent to a wrong address.

The Hard Truth About Recovery Expectations in 2026

Being honest with you matters here. SmileDirectClub entered Chapter 7 with nearly $900 million in debt. Secured creditors — including the company’s own founders — have priority over unsecured customer claims. Most customers, even those who filed bankruptcy claims on time in 2023, face a very small recovery relative to what they are owed.

For third-party claims against dentists or manufacturers, statutes of limitations still apply. These deadlines vary by state but typically run two to four years from when you discovered your injury. If your dental harm came from treatment SmileDirectClub provided — cracked teeth, bite misalignment, gum damage — those claims may be against third parties who are still operating, not just SmileDirectClub itself. A personal injury or dental malpractice attorney can evaluate whether a third-party claim makes sense for your specific situation, and these are entirely separate from the bankruptcy.

Do not pay anyone upfront to file a claim on your behalf. Legitimate bankruptcy attorneys work on a contingency basis for consumer claims or charge a modest hourly rate for consultations.

Frequently Asked Questions

Is there any way to still get money from SmileDirectClub in 2026? 

Directly from SmileDirectClub’s bankruptcy estate, it is difficult. The bankruptcy trustee collected and sold SmileDirectClub’s remaining assets, and the proceeds went into a pool to pay creditors. A late proof of claim through the excusable neglect motion process is still technically possible, but approval is at the court’s discretion and recovery amounts for unsecured customer creditors are uncertain.

I never got any notice about the bankruptcy. Does that help my case? 

Yes — significantly. If the debtor did not list the creditor in its Schedules and the creditor did not find out about the bankruptcy filing until after the bar date, a late filing may be excused under excusable neglect. Document the date you first learned about the bankruptcy and preserve any evidence that you did not receive notice.

Can I join the SmileDirectClub class action lawsuit? 

The antitrust settlement with Align Technology (Snow v. Align) is finalized and closed. Other class actions related to SmileDirectClub are now part of the bankruptcy process, meaning your participation would be through a proof of claim in the bankruptcy court, not a standalone lawsuit against a company that still exists.

What if my dental problems only showed up recently?

 This is where the discovery rule matters most. Courts consider that if you didn’t know SmileDirectClub caused your dental problems until recently, the clock may start from your discovery date rather than the original injury date. Get a written diagnosis from your dentist or orthodontist documenting the harm and when it was identified. That documentation is the foundation of any late claim or third-party action.

Should I hire a lawyer for this? 

For a late bankruptcy claim, yes. The motion process requires legal argument and filing in federal court. For an HFD billing dispute or state AG complaint, you can handle it yourself. For dental injury claims against third parties, an initial free consultation with a personal injury attorney who handles dental malpractice is worth the time.

Can I still dispute HFD charges with my bank?

 It depends on your bank’s policy and how long ago the charges occurred. Most banks have chargeback windows of 60 to 120 days, so charges from 2023 are unlikely to be reversible through a standard dispute. Contact your bank directly to ask what options remain.

Sources & References

• Official SmileDirectClub bankruptcy portal: restructuring.ra.kroll.com/smiledirectclub/Home-Index
• Federal court docket — In re SmileDirectClub, Inc., et al., Case No. 23-90786 (Bankr. S.D. Tex.): ecf.txsb.uscourts.gov
• New York Attorney General HFD settlement: ag.ny.gov/press-release/2024/attorney-general-james-recovers-48-million-consumers-wrongly-charged

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official bankruptcy court records, the Kroll Restructuring Administration portal, and official government sources on May 1, 2026. Last Updated: May 1, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.