Proof of Claims in Bankruptcy

Proof of Claims in Bankruptcy

A “proof of claim” is a form that your creditors must file to the court to ensure they get a portion of the payments from your bankruptcy estate. Proof of claims must be filed within 90 days after the meeting of the creditors (341 meeting). All unsecured creditors must file a proof of claim to get paid from the trustee.

The claims must list the amount owed at the date of the filing, and if the creditor is claiming priority status and why.

Confirm Plan

At the confirmation hearing held 20-45 days after the meeting of the creditors, the judge will either confirm or rejects your proposed repayment plan. The creditors could still file a claim after your plan is confirmed.

Probably the best plan is to include all of your creditors assuming they will file proof of claims. If your creditors do not file in a timely manner, you can amend your plan and remove those accounts.

Resolve Disputes

If you object to some of the debts listed, you should include that information in your plan clearly outlining why you dispute the debt. The bankruptcy court may conduct a trial to resolve the dispute.

Claims are first paid first to the administrative creditors, then priority unsecured creditors and then to non-priority unsecured creditors. If you would like more information on who gets paid during your bankruptcy contact a Cincinnati bankruptcy lawyer.

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