Whether you’re a debtor filing a bankruptcy petition or a lender involved in a bankruptcy case as a creditor, you have certain responsibilities. Bankruptcy is a highly complex legal process that requires comprehensive paperwork from all parties involved. If you’re considering filing for bankruptcy relief, Behm Law Group, Ltd. can help you put together a strong petition that provides long-term debt relief from Chapter 7, 13, or 12.
As a debtor, bankruptcy can be key in resolving debts in an effective way, and as a creditor, it means you’ll see a return of what’s owed when that might not otherwise be the case. Creditors involved in a bankruptcy in New Ulm, MN are responsible for filing a proof of claim if they want to receive any return on the debt the filer owes.
A proof of claim is a key part of the bankruptcy process. All creditors, unsecured or secured, must file the correct paperwork that shows proof of their claim on the debt in order to be paid from the bankruptcy case. Creditors are paid from the liquidation of the filer’s non-exempt assets in a Chapter 7 case, and in both Chapter 13 and 12 cases, that money comes from the filer through payments made pursuant to a repayment plan.
Occasionally, creditors won’t be required to fill out a proof of claim form if the filer has a no-asset Chapter 7 case. This means there’s no money in the bankruptcy estate, and none of the creditors involved will receive a return on the debts owed.
Proofs of claim must be filed within 70 days of the date the petition was filed for non-government creditors. Government creditors have 180 days to file their proof of claim paperwork.
Formal proofs of claim include the name and case number of the filer, creditor information and mailing address, amount owed to the creditor, the basis of the claim, and whether the debt is secured or unsecured. Supporting documentation from the creditor’s records is also required.
In some cases, another party of interest (person or entity that might gain or lose from the case) can object to a creditor’s proof of claim. Reasons a claim may be objected to include inaccuracies such as an incorrect amount listing, the wrong type of debt is listed, the supporting documents were not included, or the interest is listed incorrectly.