File a proof of claim
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?"
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.
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.
Not if the trust was properly drafted by a professional.
you go broke and lose everything
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.
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.
Your claim is most likely covered by a WC insurance, either a prvate policy the employer had or one with the State. As such, your claim should be unaffected by the Bankruptcy.
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.
A secured creditor
This is not a question. If your question is, "What happens when the trustee moves the Court to declare a secured claim withdrawn," then one should object, particularly if the secured creditor still has a claim. If this is chapter 7, a secured creditor has no claim except on its collateral. In chapter 13, fight for your claim.
Actually, a secured creditor only retains priority if they file a claim.
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 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.
In order to claim bankruptcy a court has to issue a bankruptcy order against you. The best place to find information about bankruptcy and the whole process of declaring bankruptcy is the official government website.
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.
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.
Not as a rule. If the claim was something that arose after the filing, it will depend on the nature of the claim. If the claim arose prior to filing, you must have disclosed the claim in the bankruptcy documents and the trustee may take over the claim. Consult a lawyer knowledgeable in bankruptcy.
The allegation of fraud in a complaint in a lawsuit does not prevent the discharge of the underlying claim. The creditor would have to object to discharge in the bankruptcy court on the grounds of fraud and prove to the court's satisfaction that there was fraud of the kind that bars discharge