Steps to File a Proof of Claim in Bankruptcy Proceedings
Learn how to file a proof of claim in bankruptcy cases under different chapters such as Chapter 7, 13, and 11. Understand the types of bankruptcy, timing for filing a proof of claim, and how to prepare the claim accurately. Essential information for legal professionals and individuals involved in bankruptcy proceedings.
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HOW TO FILE A PROOF OF CLAIM By: Keith A. Bonchi, Esq. Francis J. Ballak, Esq.
Types of Bankruptcy Chapter 7 liquidation (sometimes proof of claim is required and sometimes no proof of claim) Chapter 13 reorganization (always file proof of claim) Chapter 11 business reorganization (always file proof of claim)
Timing of Filing Proof of Claim Deadline will be on Notice of Chapter 13 Bankruptcy For Governmental Units 180 days from filing The address of the Bankruptcy Court is on Notice of Bankruptcy
Preparing a Proof of Claim In Chapter 13 must calculate interest over life of Plan or you will not get the interest. In Chapter 7 with assets do not add interest just put the amount to redeem plus interest. In Chapter 11, put in the amount to redeem plus interest.
Amend Proof of Claim Withdrawal Proof of Claim if paid
Ensuring Payment Protect status as Secured Creditor Objecting to Plan(s) which fail to satisfy claim in full or do not treat them correctly Monitoring post-petition taxes
