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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.
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How can you claim bankruptcy to avoid paying bills?
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.
Where do you find information about files kept relating to a bankruptcy claim in the USA?
The place where you find information about files kept relating to a bankruptcy claim in the USA on the Justice website. This website has all that information available.
Can i sue someone if i am in the prossess of a chapter 7 bankruptcy?
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.
Where can I find instructions on how to claim bankruptcy?
You can get a brief overview on bankruptcy at http://www.uscourts.gov/FederalCourts/Bankruptcy.aspx. There are many different options when filing. You can find the forms here http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx.
What is the process on how to declare bankruptcy?
First consult a lawyer for which bankruptcy chapter you qualify for and let him/her assist you with the bankruptcy procedures as bankruptcy procedures are not the same in every case. Chapter 7 and Chapter 13 bankruptcies are the most common. For more information, visit these websites: http://howtodeclarebankruptcy.net/ and filepersonalbankruptcy.org/how-to-declare-bankruptcy/.
In a chapter 13 bankruptcy what if the trustee calls for an order expunging claim?
A judge or court may sometimes expunge a claim in bankruptcy court. This means that the claim is erased, as if it never happened.
Where can I find free information on reasons to file bankruptcy and how to claim and file bankruptcy on my own?
It's very difficult to file without a lawyer, but it can be done. The US government themselves lay out the process at http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/FilingBankruptcyWithoutAttorney.aspx
Can you claim bankruptcy for terminaly ill dad?
Yes.
Can you file a claim in a bankruptcy for repossession fees?
Sure
Can your wife claim bankruptcy with out affecting your credit?
She can, and yes it will
Can a creditor file an adversarial claim in bankruptcy court in a personal 7 bankruptcy for something that they contend occurred during a business bankruptcy 2 years previous. No claim was filed then.?
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.
What happens if you have a workmens comp claim and the company files Chapter 7 bankruptcy?
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.
