Bankruptcy Law
Estates
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Can a creditor claim assets held for a beneficiary in trust in case of bankruptcy of the beneficiary?

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2009-11-17 16:36:24
2009-11-17 16:36:24

Not if the trust was properly drafted by a professional.

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When you file for bankruptcy, all your assets are revealed to the trustee and basically frozen. No, a creditor probably won't put a hold on your savings account after you file but they can until your bankruptcy is discharged. Usually a letter from your attorney saying you have filed bankruptcy will stop this action.


Files a "proof of claim" with the court.



"How is a claim filed as an unsecured creditor to the US bankruptcy court case 07-23686-RG?"


If it is not a secured debt it will be included in the bankruptcy discharge.


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.


No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK.


By filing a proof of Claim, or by addressing questions/arguments to the court


No, Generally, they must file a "proof of claim", which can be done by mail...but that is about all.


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.


liability Contemporary Business 2009 update pg 522


1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases. 1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases.


Generally, your creditor(s) may petition the probate court to commence a probate proceeding for your estate if you have left any assets. Then, the creditor can file a claim against the estate. If you die with no assets in your name, your creditors are out of luck.


The whole point of bankruptcy is that at the point of insolvency all assets transfer to the assignee, and all debts likewise. So debts are cancelled by the bankruptcy, the available assets being all there is to claim against.


A Proof of Claim in bankruptcy is a court-filed document that registers a claim against the assets of an estate filing for bankruptcy. Any party in interest can object to a claim for reasons like lack of sufficient documentation or an incorrect claim amount. A withdrawal of this objection can be performed by said party to terminate the objection.


When a debtor files for bankruptcy - and the debtor’s estate is deemed to have assets - a creditor has the option of either filing a claim or simply forgetting about the debt and writing off the outstanding amount. What a creditor will decide to do will depend mainly on how much money there is in the estate and how much of a payment he or she will get. Filing a claim in a bankruptcy - be it a Chapter 7 or a Chapter 13 case - can be a tricky process, and a creditor should thoroughly research the matter before completing any claim documentation. Creditors will usually receive notification of a bankruptcy from the Bankruptcy Court, and, immediately upon their receiving this notification, they should inspect their records to determine exactly how much the debtor owes them and also start collecting all relevant supporting documentation. They should also refresh themselves on the basic terms and conditions of their contract with the debtor that underlies their claim in order that they may determine whether their claim is secured, priority or unsecured. In complicated cases, it would, perhaps, be best if they consult with their attorneys regarding the aforementioned matters. A further possibility is that a debtor will file for bankruptcy and will not, for whatever reason, list one or more of his legitimate creditors on his bankruptcy schedules. In these cases, the forgotten creditors should consult with their attorneys as soon as they find out they’ve been left off the list so that they can request the debtor to amend his or her schedules and list the money owing to them. The Bankruptcy Court will also provide each creditor with a claim form, which has to be completed - correctly - and filed with the court by a certain date before any money can be paid out to them. Distributions are not, however, paid out as soon as a creditor has filed his or her claim, and, if there are indeed awards payable by an estate - this is not always the case - the payments will all be made simultaneously by the trustee just prior to the estate’s finalization.


You claim bankruptcy on everything...it involves all your assets and all your debts. All are given classes or priorities. Some assets and some debts may be classed as exempt. Generally, court fines and legal penalties and such are going to need to be paid in full and cannot be discharged in BK.


The creditor is bound by the terms of the Chapter 13 plan. If the creditor doesn't file a proof of claim, then they don't get anything. If they are demanding money, the creditor could be in violation of the automatic stay and you can bring a motion for sanctions.


Yes, but the creditor must be familiar with the rules. There is a specific time after an estate is filed during which a creditor can make a claim. You must file proof of your claim at the probate court where the estate was filed. If you follow the rules, your claim will be paid prior to any distribution of estate assets to the beneficiaries.


No, they will pay the claim to you and then you will be able to do what is fiscally responsible.


No. The proceeds will be paid by the insurance company to the named beneficiary. The insurance payoff is not part of the estate so it does not pass under the Will.


Common shareholders have the lowest claim on the assets of assets of a firm. They have only a residual claim on the assets and are far below the preferred stock classification.


You have the right to receive notice of the 341 meeting (first meeting of creditors) and the right to attend that meeting and ask the debtor any questions relating to the bankruptcy or to your claim if you believe you might be entitled to avoid a discharge or if you believe the debtor is committing fraud by hiding, failing to disclose or has transferred assets prior to filing. Keep in mind that such assets go to the trustee to pay him/her and then for any costs on acquiring those assets for the estate and the the balance gets distributed pro rata to all the unsecured creditors.



You will receive, directly from the bankruptcy court, a notice of filing and information on filing your claim with the court. If you believe a person has filed bankruptcy, and you know the person' s address, you can check with the clerk of the bankruptcy court. The bankruptcy court one files in is determined by the county within which the debtor resides.



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