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What happens if no creditors respond to a Notice of Need to File Proof of Claim?

Warrenton, VA |

I am in the midst of a Chapter 7 bankruptcy. I filed the paperwork about 6 weeks ago and have had the 341 meeting. Recently I received a copy of the Notice of Need to File Proof of Claim that was sent out to my creditors. Since all of my creditors are either credit card companies or the collection agencies that took over after charge offs, what happens if no one files such a claim in the time specified?

Attorney Answers 3

  1. The fact that the Trustee circulated a Notice to File Claims indicatesd to me that he regards this as an "Asset Case". If no creditors file Proofs of Claim, they willl not be paid.

  2. In some instances, it may make sense for you or your attorney to file a proof of claim on behalf of a creditor that has not done so on their own. For example, claims that cannot be discharged can be paid from the proceeds, such as student loans, child support debt, priority tax debt.

    Hope this perspective helps!

  3. I agree with Mr. Detsky, if a creditor does not file a proof of claim within the prescribed period, they will not be able to collect later. Good luck.

    This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advise in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juarez, El abogado Hispano de Accidentes, Bancarrotas y Divorcios de Oakland, Hayward, San Francisco, y no forma una relacion de abogado y cliente. Soy licenciado solo en el Estado de California.

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