What should I do initially now that a bankruptcy has been filed?
June 28, 2022
By Diane Drain Attorney & Retired Law Professor
To ensure that you receive notices, obtain a copy of the debtor’s bankruptcy schedules or check with the clerk’s office to confirm that your name and debt have been recorded. This should be done at the Bankruptcy Court where the case was originally filed. A creditor should examine the debtor’s schedules to see if the creditor’s claim (what the creditor owes) was properly designated as secured or unsecured and listed in the correct amount. It’s also worth noting if the debtor contests the claim or labels it as unliquidated or contingent. If a debt was not stated on the debtor’s schedules, the creditor should immediately talk to a creditor bankruptcy attorney. It may be necessary to file a proof of claim by the deadline.
About the Author: Diane Drain
Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.
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