Proof of Claim

What is a Bankruptcy "Proof of Claim"

NC Bankruptcy Lawyer in Charlotte North Carolina for Chapter 7 / Chapter 13

Creditors who want to get paid from funds available for distribution in a bankruptcy case must file a form called a "Proof of Claim".  The Proof of Claim is proof of the debt owed to the creditor and should have any back up showing the amount of debt, contracts, and other supporting documents attached. 
A deadline may be set in the case for creditors to file their claims.  If a creditor does not file a timely proof of claim, they may lose all rights to payment depending upon the type of debt and whether or not there is a lien to enforce against property. 
Creditors should be careful not to have social security numbers revealed in the documents they file with the Proof of Claim since the law forbids the disclosure of social security identity information. 
The Proof of Claim is normally mailed to creditors by the Court with a Notice of Bankruptcy Filing, or you can find one here:  Official Bankruptcy Proof of Claim form.  Proof of  Claims are needed for all creditors who are to be paid in Chapter 13 or Chapter 11 bankrutpcy cases.  Proof of Claims are needed in Chapter 7 cases if it is an asset case, with an expected distribution to creditors.  In many Chapter 7 cases, the Notice of Filing advises creditors that they don't need to file a claim since the case is not expected to have any assets to pay creditors.  If assets are later discovered, another notice is mailed to creditors telling them to file a Proof of Claim. 

The Law Office of Susanne M. Robicsek
1701 Scott Avenue Charlotte North Carolina 28203
phone:704 / 377-0776
fax: 704 / 377-0775

DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion; Personal opinions may also be expressed. No attorney-client relationship is created by this message; Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area.
The Law Office of Susanne M. Robicsek is
a Federally Designated Debt Relief Agency
under the Bankruptcy Code.
I file bankruptcy cases for people in financial need,
and have been doing so since 1989.

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