Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
if the creditor was listed, they were to appear at the 341 hearing, if they file a motion, after and they were listed on the disharge they are out of luck. In a Chapter 7 proceeding, the Proof Of Claim generally must be filed within 90 days after the first scheduled 341 Meeting. If the case is a "no asset" Chapter 7 case, there may be no need for a creditor to file a proof of claim. The notice of bankruptcy may indicate that fact, and further instruct that certain creditors should not file a proof of claim. In situations like this, a notice and time to file a proof of claim will be given, in the event that a trustee later discovers assets for distribution to unsecured creditors. See Bankruptcy Rules Rule 3002
Their should be no reason they would get anything, in a chapter 7 case, all debts are discharged, and if their is assets in the case, then the trustee could give them some assets, but the trustee will most likely discharge the debt.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).