What Is The "Filing Of Claims"?
The written statement filed in a bankruptcy case setting forth a creditor`s claim is called a proof of claim. The proof of claim should include a copy of the obligation giving rise to the claim as well as evidence of the secured status of the debt if the debt is secured. Under the Federal Rules of Bankruptcy Procedure, with limited exceptions, claims filed by creditors, except governmental units, in chapter 7, 12 and 13 cases must be filed within ninety (90) days after the first date set for the meeting of creditors. If a creditor files a claim after the specified deadline, you may object to the claim as being untimely filed. For purposes of obtaining your discharge, it may be important for you to file a claim on behalf of a creditor if that creditor should fail to do so. Under the Federal Rules of Bankruptcy Procedure, you (or in chapter 7 and some 11 cases, the trustee) may file a proof of claim on behalf of a creditor within thirty (30) days after the last day for filing claims.
Other Filing Bankruptcy FAQs
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Q:
What Is The First Step In Filing For Bankruptcy?
A: After you have decided to file for bankruptcy, the first step is to file a petition with the Bankruptcy Court. On the petition, all your of your debts and …
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Q:
Is There A Limit On The Number Of Times That I Can File For Bankruptcy?
A: The time periods between bankruptcies depends on the type of the previous filing and the type of new filing. If your new filing is a Chapter 7, you must wait …
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Q:
If I File For Bankruptcy – Will My Spouse Need To Also?
A: No. In cases where both spouses have a lot of debt, a joint petition for a bankruptcy may be filed. Only married individuals may file a joint …
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Q:
Where Do I Get A Copy Of My States Local Rules?
A: Copies can be obtained at the public service counters in the Clerk`s office of the Bankruptcy Court. In addition, many Bankruptcy Courts now have their rules online.
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Q:
Where Do I File My Bankruptcy Case?
A: The bankruptcy court is a federal court. The federal court system is divided into judicial districts. Every state has at least one judicial district. Your local …
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Q:
What Documents Do I Need To Start A Bankruptcy?
A: Federal forms include: Form 1Voluntary Petition (2 pages), Form 6 Schedules A through J, Summary, and Declaration, Form 7 Statement of …
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Q:
How Do I File A Document With The Court?
A: Bankruptcy petitions, pleadings and other papers may be submitted for filing by mail or in person at the Clerk`s Office public counters. After completing, assembling, …
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Q:
I've Filed For Bankruptcy, Now What?
A: As soon as your case is officially filed with the court you are granted an automatic stay. Creditors are legally prevented from attempting to collect on any debt owed …
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Q:
What Are Claims Objections?
A: You are entitled to object to any claim filed in your bankruptcy case if you believe the debt is not owed or if you believe the claim misrepresents the amount or kind …
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Q:
What Is The Creditor's Meeting?
A: A meeting of creditors is the single hearing all debtors must attend in any bankruptcy proceeding. It is held outside the presence of the judge and usually occurs …
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