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If a creditor is shown on Schedule F of a Ch 7 bankruptcy does the creditor need to file a proof of claim?
Wiki User
∙ 15y ago
Yes
Wiki User
∙ 15y ago
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If you are not listed as creditor on chapter 11 bankruptcy?
File a proof of claim
What happens when a creditor doesn't file a proof of claim in a bankruptcy case?
If it is not a secured debt it will be included in the bankruptcy discharge.
Does the creditor have to be in court in a bankruptcy?
No, Generally, they must file a "proof of claim", which can be done by mail...but that is about all.
How does a creditor answer Chapter 7 bankruptcy?
By filing a proof of Claim, or by addressing questions/arguments to the court
What is a proof of claim filed in an estate?
A proof of claim is filed by a creditor of the decedent. That claim must be paid before any assets are distributed to the heirs. A Proof of Claim is a form that a creditor submits to the court to get paid.
When a debtor enters bankruptcy a secured creator retains priority to the secured assets unless it files a proof of claim for the full amount owed?
Actually, a secured creditor only retains priority if they file a claim.
What happens when a creditor does not file a proof of claim for a secured debt in a bankruptcy case?
A secured creditor does not need to file a such a claim, the lien against the property is sufficient proof. Generally the lien holder/lender will ask for the automatic stay to be lifted so foreclosure or repossession action can continue or be implemented against the property. In a chapter 7 bankruptcy the borrower must be able to reaffirm the secured debt to avoid recovery or litigation action from the lender.
Creditor trying to collect from bankruptcy?
This is not a question. Good luck. If the question is, "Can one collect unsecured debt from a bankrupt company?" The answer is, "only if property is administered by the trustee."
Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
How can you prove that a judgment has been discharged in a bankruptcy?
The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.
Does chapter 7 protect from civil suit?
Depends on the nature of the civil suit. If its a simple debt collection lawsuit- a chpt. 7 can discharge the debt. If its a lawsuit seeking money damages due to fraud, then it might not be dischargeable if the creditor files a proof of claim.
How do you petition for 1031 exchange third party beneficiary funds from chapter 11 bankruptcy judge?
You are a creditor, like all others. The funds can't be disperssed without court approval. You will need to file a proof of claim and work through the process. Your funds are clearly at risk. This may be a particularly complex claim and you should get legal help that is intimately familar with corporate bankruptcy.
