My Chapter 13 Bankruptcy Claims List is Missing Creditors: What Do I Do?

13 Sep My Chapter 13 Bankruptcy Claims List is Missing Creditors: What Do I Do?

You should not panic if all your creditors did not file a proof of claim in your chapter 13 bankruptcy. There are many reasons creditors don’t file claims. If you have given proper notice to all your creditors, all your dischargeable debts, including unfiled claims, will be discharged upon the completion of the plan. If your plan is paying all claims in full, your plan will end when the claims on file are paid in full.

Debtors may file proofs of claim for creditors in bankruptcy. It may be wise for a debtor to file a claim for secured creditor to make sure collateral he is keeping will be paid for in the chapter 13 plan. Filing claims for child support, taxes, student loans or other nondischargeable debts might also be considered by debtors in chapter 13 bankruptcy.

Many chapter 13 bankruptcy trustees send out a notice of all claims filed. A list of claims called a “claims register” is also available from the Court’s computer system call case management electronic case filing (CMECF). Debtors and their counsel should inspect the list of claimants and the mailing matrix of all creditors to make sure all creditors have been notified of the bankruptcy. Inspect the list carefully and notify your lawyer if a claim has been filed for a creditor you don’t owe or for an amount that is not correct. Objections can be made to improper proofs of claims.

Read about what happens if a creditor is omitted accidentally or deliberately.

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Jill Michaux has helped Kansas consumers with debt problems for three decades. She and her partner, Mark Neis, are Topeka's only bankruptcy specialists, board certified in consumer bankruptcy law by the American Board of Certification. She help start the National Association of Consumer Bankruptcy Attorneys.

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