It is important for creditors to file their Chapter 13 Bankruptcy Proof of Claims timely. http://www.vawb.uscourts.gov/?q=content/re-price-case-no-18-71260-732019. A question I receive often is: Should I tell creditors when I filed a Chapter 13 bankruptcy? The answer is No. When a bankruptcy is filed, bankruptcy creditors are sent a creditor Chapter 13 bankruptcy notice automatically by the Bankruptcy Court. Bankruptcy creditors have rights, too.
After a bankruptcy creditor receives the bankruptcy notice, they must file a Bankruptcy Proof of Claim. One way, bankruptcy can negatively affect a creditor is by filing their proof of claim late. Even the IRS makes mistakes in bankruptcy.
Background:
- A creditor has 70 days from the Bankruptcy Petition Date to file a proof of Claim
- Debtor provided an incorrect address for one of the Creditors.
- Although the incorrect address was provided, the Post Office was able to deliver the notice prior to the 70 days from the Petition.
- The Creditor came to the Meeting of Creditors expressing her view on bankruptcy creditor rights.
- The Creditor had time to come to the Chapter 13 Bankruptcy Meeting of creditors but not file a Proof of Claim.
- The Meeting of Creditors was delayed and rescheduled since the Debtor was not present and suggested the Creditor obtain Counsel.
- The Debtor showed up at the next Chapter 13 Bankruptcy Meeting of Creditors.
- The creditor claimed that she was unaware of the rescheduled date.
- The creditor files a proof of claim beyond the 70 days.
- Debtor and Chapter 13 Bankruptcy Trustee objected.
- The creditor states she should have been allowed to file a Proof of Claim as part of her bankruptcy creditor rights.
- Her reason to be able to file is that she was not allowed the “full 70 days” to prepare her Proof of Claim.
Court Ruling:
- Nowhere in the rules does it state that the creditor must receive notice for the full 70 days from the filing of the Petition.
- The Creditor admitted she received a notice and the post office delivered it to her on the 68th day. That is also evidenced by the fact that she appeared at the Meeting of Creditors.
- The Proof of Claim was not allowed
- It is not clear that the Creditor decided to attend the Meeting of the Creditors but not file the Proof of Claim timely.
- The creditor did not seek Counsel, as was suggested.
Late is Late – You cannot come to Court with an exception – there are very definite deadlines and if you sit on your rights – you could lose. The Creditor should have been represented by Counsel in this Chapter 13 bankruptcy case. The advice given was not taken.
I represent both creditors and debtors in both Chapter 7, 11, and 13 Bankruptcy. Call me for a free consultation. Contact Me
