http://resources.lawinfo.com/en/Legal-FAQs/Creditor-Remedies-in-Bankruptcy/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Creditor-Remedies-in-Bankruptcy/Federal/how-should-a-creditor-proceed-if-a-debtor-fil.html When an individual files bankruptcy, the automatic stay protects the debtor from all forms of collections so the first thing to do is cease any collection efforts. When you receive the notice of bankruptcy, you should file a proof of claim form promptly. The notice will indicate the deadline to do so. This form must be filed to preserve your right to share in the distribution from the bankruptcy estate. Creditor Remedies in Bankruptcy FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Creditor-Remedies-in-Bankruptcy/Federal/what-remedies-does-a-secured-creditor-have-in.html If a creditor's claim is supported by a lien, the lien survives bankruptcy as a claim on the property to which it attached before bankruptcy, unless a judge avoided the lien during the bankruptcy. A secured creditor can ask the court for relief from the automatic stay in order to proceed with efforts to collect the collateral on which the debt is secured. For example, a secured creditor may want relief form stay to foreclose on real estate or repossess a car. One seeking relief from the stay must show the bankruptcy judge, after a hearing, that there is cause for the granting of relief. This might include showing that the property is not insured or that the debtor has no equity in the property and that the property is not needed for a reorganization. The court may grant relief at the initial hearing or set an evidentiary hearing to make a final decision. Creditor Remedies in Bankruptcy FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Creditor-Remedies-in-Bankruptcy/Federal/what-remedies-does-a-non-secured-creditor-hav.html The bankruptcy discharge granted to a debtor prevents a creditor with a dischargeable claim from pursuing the debtor anytime in the future with respect to that claim. Some kinds of claims are non­dischargeable so the creditor does not have to take any action to protect the claim. Examples are child support, student loans, criminal restitution, and judgments arising from drunk driving. The non­secured creditor may file an adversary proceeding requesting the court to find that the debt be determined to be non­dischargeable under the Bankruptcy Code. The proceeding should be filed for non­support claims arising from divorce or if a creditor claims the debt arose from the debtor's fraud or dishonesty. The creditor must file a complaint within 60 days of the date set for the first meeting of the creditors. Non­discharge actions generally favor the discharge of the debt except perhaps debts arising from divorce. However, if the court finds that the debt is dischargeable it may require the creditor to pay the debtor the costs, including reasonable attorney fees, of the complaint, if it was not substantially justified. 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