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

Asked 8 months ago - Warrenton, VA

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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. Pro

    Contributor Level 20

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    Answered October 10, 2012 13:46. 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!

  2. Pro

    Contributor Level 11

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    Lawyers agree

    Answered October 10, 2012 12:30. 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.

  3. Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered October 11, 2012 23:05. 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... more

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