Proof of Claim in Chapter 13 Cases
When a Debtor files a Chapter 13, all creditors who want to get paid anything (secured, unsecured, and priority) must file a proof of claim with the court. If a Creditor is scheduled to be paid direct that Creditor is not required to file a proof of claim in order for the Debtor to be required to continue to make direct payments to that Creditor. If a proof of claim is not filed by a creditor, that creditor will not receive any money through the bankruptcy even if they are scheduled to receive money.
The proof of claim is a basic form that must be filled out by the Creditor. It includes information as to the name of the Debtor, the case number, the name of the creditor, the amount owed, what the debt is for, and what classification the debt falls under. If it is a secured debt, it must include what property is securing the debt. The Creditor must also attach some sort of backup to show that the Debtor really owes the debt. For a house, a Mortgage Company might file a Deed of Trust. For a car, a Car Creditor might file the purchase contact. For a credit card or other unsecured debt, the Creditor might file a contract with the Debtor’s signature or a statement showing the amount still owed on the account.
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