• f of claim). Unless the debtor expressly objects, the creditor’s proof of claim shall be deemed to be accurate. Proofs of claim are not required to be filed in a Chapter 7 no-asset case. [...]

  • Published On: June 28, 2022

    In most cases, in order for the automatic stay’s full restraining action to take effect, Section 342 requires that all creditors be notified of the bankruptcy. The debtor must identify all addresses provided by the creditor [...]

  • Your name and debt have been added to the list. This should be done at the Bankruptcy Court where the case was originally filed. A creditor should review the debtor’s schedules to determine whether the [...]

  • Published On: June 28, 2022

    The secured creditor or landlord may ask the debtor to sign a new contract called a “reaffirmation agreement” or “lease assumption agreement” after the bankruptcy is filed but before the discharge is issued. This new contract [...]

  • You can ask the debtor questions at the creditors meeting (see above), or Bankruptcy Rule 2004 permits a creditor to take the deposition of the debtor and inquire into all aspects of its financial affairs. [...]

  • Published On: June 28, 2022

    Shortly after a bankruptcy is filed, creditors will receive notice of an initial meeting of creditors (Section 341, Meeting of Creditors) to be held at the Office of the United States Trustee. You may attend [...]

  • Published On: June 28, 2022

    When a bankruptcy petition is filed, a federal restraining order known as the automatic stay prevents any creditor, collection agency, or government institution from pursuing trustee sales, foreclosures, garnishments, lawsuits, or repossessions against the debtor [...]

  • 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 [...]

  • File a proof of claim. It is the creditor’s proof of claim that will govern unless specifically objected to by the debtor. In a Chapter 7 no-asset case, proofs of claim need not be [...]