DO CREDITORS THAT FILE A CLAIM AGAINST YOU NEED TO NOTIFY YOU IN WRITTING AND PROVIDE PROOF OF CLAIM IN CHAPT 13 BANKRUPTCY ?

Asked over 2 years ago - Phoenix, AZ

I FILED CHAPTER 13 IN ARIZONA MY ATTORNEY DID NOT REVIEW OR GIVE ME DOCUMENTS OF ANY CLAIMS FILED AGAINST ME. ON MY OWN RESEARCH I FOUND 3 CLAIMS AGAINST ME THAT ARE NOT MINE OR THE BALANCE IS NOT CORRECT. HOW DO I GET DOCUMENTATION CREDITORS USED TO FILED AGAINST ME - HAVE IT CORRECTED OR REMOVED AND SHOULDNT MY ATTOENEY HAVE REVIEWED THIS INFORMTAION WITH ME TO VERIFY IT WAS MINE?

Attorney answers (3)

  1. Jeff Adrian Biddle

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    Answered . There are so many documents filed in a bankruptcy that it is not typical for the attorney to forward everything to the debtor/client. Depending on what the plan payout is, the inclusion of other creditors may not be worth worrying about. In most cases, the plan payment is based on your disposable income and then that gets divided between the creditors that file claims. What that means is that if $10,000 goes to unsecured creditors (I am assuming that you are talking about unsecured creditors), then these three creditors would get a proportional share of the $10,000. In the cases that I have filed, most are getting 10 cents on the dollar. The only client that really needs to be concerned about these ghost creditors is one who is a full payout. If you are paying 100% of the unsecured debts because your disposable income is high enough to justify it, then inclusion of these creditors will cause your plan payment to increase. When I have a full payout case, I always pay very close attention to the claims filed and go over them with my client. Otherwise, it is simply not worth the time to worry about them.

    Regarding how to get a copy of all of the documents filed in your case...the easiest way is to go to the courthouse and look at the documents filed. Once you see how many there are, you'll get an idea of why 90% of them are not forwarded to the client. The 10% that are forwarded are the ones that are actually important (motions to dismiss, chapter 13 plan, any orders and any objections or notices of hearings...in essence, anything that is going to actually concern the debtor and potentially have an impact on them).

    To schedule a free consultation in MESA, SCOTTSDALE, PARADISE VALLEY, PHOENIX, or TEMPE, AZ. Please call us at 480-840-3138.

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    To schedule a free consultation in MESA, SCOTTSDALE, PARADISE VALLEY, PHOENIX, or TEMPE, AZ. Please call us at 480-... more
  2. Dorothy G Bunce

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    Contributor Level 20

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    Answered . If you want your attorney to object to the claims that were filed in your case, it will cost you! Objecting to a proof of claim is usually not part of the base fee the attorney charges unless your fee agreement specifically says so.

    Creditors are notoriously slack about copying debtors and their attorneys about the proof of claims they file. The only way to know is to check the claims docket on a regular basis. I could make a lot more money if I charged clients to do this & 95% of the time, it would be to no one's good but my own pocket if I pursued this route.

    Hope this perspective helps!

  3. Knute Arthur Rife

    Contributor Level 12

    Answered . The other attorneys here are right; this probably isn't worth your time. These claims only affect how much each creditor gets paid out of your plan payments, not how much you pay. Also, you may not recognize a creditor, but they could have been assigned a claim by another creditor.

Related Topics

Bankruptcy

Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.

Bankruptcy proof of claim

A proof of claim is a statement filed by a creditor that sets forth his or her right to payment--or another fair form of restitution--in a bankruptcy case.

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