You are here

Creditor

Primary tabs

Creditor

  • I received a notice of a bankruptcy filing - What should I do?

    If you have a claim against the debtor, you should file a proof of claim if the notice advises you that you must do so by a deadline. In many bankruptcy cases, no deadline is initially set and creditors do not need to file a claim until there is a notice to do so. You must observe the automatic stay, i.e. you cannot act to collect a debt or take certain other actions against the debtor and the property of the bankruptcy estate unless you get a court order for relief from the stay. Note that in Chapter 13 there may also be a stay against a codebtor - someone who is not a debtor but is liable on the same consumer debt as the individual in bankruptcy.

  • Where can I get a proof of claim form?

    Official Form 410 - Proof of Claim may be downloaded from the U.S. Courts Forms website. Attachments and supplements may be required and are also available from that site. Make sure an authorized individual signs the claim form in ink before sending it to the court. Also note that a deadline may apply and the claim will be filed with the date the court receives it, not the date you mailed it. You may also file a claim online - see the information about ePOC.

  • How do I know if my claim is a priority claim?

    Section § 507 of the Bankruptcy Code specifies which types of claims are entitled to priority, such as domestic support obligations and employee wages. Section 12 of the proof of claim form (Official Form 410) lists the categories of priority claims. You should consult a bankruptcy attorney if you have questions about whether you have a priority claim.

  • Do I need to file an amended claim for a change of address?

    No. File the form Notice of Change of Address (Proof of Claim). Make sure the information is correct as to the address for court notices and the address where payments should be sent.

  • Do I need to attend the meeting of creditors (341 meeting)?

    Only the debtor and the debtor’s attorney are required to appear at the meeting of creditors (sometimes called the "341" meeting). You may appear to ask questions while the debtor is under oath, but a creditor’s attendance is voluntary. If you do wish to question the debtor, your time may be limited. For a more detailed examination, your attorney may file a Motion for Rule 2004 Examination. See Local Bankruptcy Rule 2004-1.

  • How do I get a record of the meeting of creditors?

    You may request a CD of the audio record from the Office of the U.S. Trustee. If you wish a written transcript, you must make your own arrangements to have the audio recording transcribed.

  • To whom should I report a fraudulent filing or if the debtor is concealing assets?

    Information regarding possible concealment of assets should be given to the case trustee or the local Office of the U.S. Trustee. You may also click here to submit a report of suspected bankruptcy fraud to the United States Trustee Program. If you wish to object to the debtor receiving a discharge of debts or if you think a debt to you should not be discharged due to fraudulent conduct, you must file a formal complaint, for which there are deadlines to meet and a filing fee to be paid. This essentially begins a lawsuit and it is highly recommended that you consult an attorney who is experienced with bankruptcy law and rules before taking this action.

  • When will my claim get paid?

    If there are sufficient assets for distributions to creditors and your claim is unchallenged, you may receive one or more disbursements from a trustee or through a confirmed plan. In addition, distributions must be made according to certain priorities under the Bankruptcy Code. If there are insufficient assets, some claims may be paid while others are not. The timing of distributions happens case by case. In a Chapter 7 case where there are assets, there may be circumstances where it may be several years before disbursements occur. In a Chapter 13 case, monthly distributions (but not necessarily to all creditors) should start after a plan has been confirmed.

  • How do I stop the debtor from getting a discharge of the debt owed to me?

    You may object to debtor getting a discharge or you may seek a ruling from the court that the specific debt to you should not be discharged. In either situation, you must file a formal complaint to commence an adversary proceeding. There is a filing fee of $350. You will be the plaintiff and the debtor will be the defendant, and the matter may eventually go to trial. Bankruptcy litigation may be complicated - consult an attorney who is familiar with bankruptcy law and procedures.

  • What is the difference between a complaint objecting to discharge and a complaint to determine dischargeability of a debt?

    An objection to discharge means you think there is justification to deny the debtor a discharge of all debts. A determination regarding the dischargeability of a particular debt means that you oppose the discharge of your claim against the debtor, but do not oppose the debtor obtaining a discharge of other debts.

  • Why did the court issue a discharge and close the case when my adversary proceeding for dischargeability of debt is still pending?

    The outcome of an adversary proceeding to determine the dischargeability of a debt involves only your claim against the debtor. The adversary proceeding will proceed even though the debtor has received a discharge of other debts. The case may also be closed because no further administration of the estate is required. Issuing the debtor a discharge or even closing the case does not mean that the court has decided your claim against the debtor.

  • Do I need to pay a filing fee for a complaint if I am a child support creditor?

    No, if your complaint seeks payment of a child support debt. But you must file Form B 2810 - Appearance of Child Support Creditor or Representative. Download this form from the U.S. Courts Bankruptcy Forms website.

  • May I proceed with my collection action against the debtor now that the case has been dismissed?

    Under § 362(c) of the Bankruptcy Code, the automatic stay generally ends when a dismissal order is entered in the record. However, you may wish to consult an attorney familiar with bankruptcy law and procedures as to any actions you may or may not take.

  • May I collect my debt now that the case is closed?

    If the debtor received a discharge, the automatic stay against collecting a debt was replaced with a "discharge injunction" which prohibits acts to collect any discharged debts. You should consult an attorney familiar with bankruptcy law if you have questions as to whether the debt to you was discharged.

  • How can I stop getting notices from the court?

    To stop receiving notices for a case, parties and creditors may file a Request for Removal from Notice List with the court. Creditors who have filed a claim will not be removed from the court's notice list.  Attorneys withdrawing from participation in a case may file a Notice of Withdrawal of Counsel and Request for Removal from Notice List.