When are claims filed in my Chapter 7 Bankruptcy?

For proof of claim filing requirements, chapter 7 cases have to be considered in two groups:

  1. Asset Cases, where the trustee is selling property and paying creditors, and
  2. No-asset Chapter 7 Cases, where all property is covered by one or more property exemptions.

The vast majority of consumer cases in North Carolina fall in the second category, where all property is protected in the bankruptcy by exemptions and no payments to creditors are expected.

In a no-asset case, the court instructs creditors to not file claims. With no distribution anticipated, little is accomplished by filing claims. If assets are later discovered, the court will notify creditors to file claims.

In asset cases, creditors will be notified to file claims. Some will file claims almost immediately, while others will linger towards the deadline. Some creditors might not file a claim.

Terms: 
Proof of Claim
No-asset Chapter 7
Category: 
Process After Filing Bankruptcy
Tue, Oct 9 2012 - 12:17pm by (emf [at] fabriciuslaw.com Twitter Google+)
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