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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15685
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I am listed as a creditor in a chapter 13 bankruptcy. I am

Resolved Question:

I am listed as a creditor in a chapter 13 bankruptcy. I am a corporation of one and was working as an independant contractor doing construction for the man who is declaring bankruptcy. He owes me 7k in back wages. There is a Meeting of Creditors coming up next week. Do I need to attend this meeting? What steps do I need to take next?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

This is a common situation, you do not need to attend the hearing, but need to file a proof of claim for your debt, so that the trustee will consider it.

WALLSTREETESQ :

In a chapter 13, the debtor, makes a payment plan lasting 60 months in most cases where they pay all their debts in some percentage,

WALLSTREETESQ :

if you file your proof of claim, you would be entitled to the monthly payment,

WALLSTREETESQ :

The only time you would appear at a creditors meeting is if you want to cross examine the debtor, and believe he is hiding assets or filed a fraudulant petition.

Customer:

how do I file a proof of claim?

WALLSTREETESQ :

you shuld have received the form and instructions in the mail

WALLSTREETESQ :

I will send you a form to complete and send,

Customer:

Can I print this conversation somehow?

WALLSTREETESQ :

A creditor must timely file a proof of claim to receive distributions from the bankruptcy estate in partial or full repayment of his claim. The initial instructions accompanying the claim form set forth claims bar dates for private parties and the government. The failure of a creditor to timely file her claim by the applicable bar date can be fatal to the creditor's eligibility to have a claim reviewed, and ultimately, to entitlement of the creditor to payment upon such claim. Claims bar dates are akin to statutes of limitation and are strictly enforced; the only exception exists when a creditor files for leave to file a late claim due to excusable and unusual circumstances

WALLSTREETESQ :

Yes, once you provide positive feedback, you would have complete access and I can email you the conversation

WALLSTREETESQ :

The claim form and instructions are usually mailed to eligible creditors near the beginning of the bankruptcy case, if there are potential assets to distribute for the benefit of paying creditors' claims. Often, the proof of claim filing package accompanies the notice sent by the bankruptcy court to creditors and parties in interest alerting them to the filing of the bankruptcy petition by the debtor and commencement of the case.

Customer:

Am I given priority because it is a claim for lost wages?

WALLSTREETESQ :

You need to send this to the Court as soon as possible, so you can receive payments if any

Customer:

I have been told i will only get pennies on the dollar and that it's hardly worth filing.

WALLSTREETESQ :

Yes,

WALLSTREETESQ :

that is true, it depends on the debtors plan, he may have a 50% plan, where you may get 50% of your debt, or he may have a 5% plan,

Customer:

Can I see that in the paperwork that I was sent?

WALLSTREETESQ :

not yet,

WALLSTREETESQ :

it would only be given after confirmation, so at the confirmation hearing the plan will be shown,

WALLSTREETESQ :

which is later.

Customer:

can I do all this on my own, or do I need a lawyer?

WALLSTREETESQ :

you can do this by yourself, a lawyers fees would not be worth it

Customer:

That's what I thought. I appreciate a lawyer saying that! Lol!

Customer:

Once i fill out the form, how do i submit it? Where?

WALLSTREETESQ :

File your claim with the court where the debtor filed her petition to declare bankruptcy.


File your proof of claim within 90 days after the date set for the meeting of creditors if you are filing a claim for a Chapter 7 bankruptcy. For a Chapter 13 bankruptcy, you must file your claim as soon as possible, because late claims are discharged.

Customer:

Good to know! Can you think of anything else i need to know?

WALLSTREETESQ :

That is about it, good luck, and file the proof of claim, you may be able to be awarded a significant amount of your claim,

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied with our service please provide us with positive feedback.

Customer:

How does this site work? I'm not signing up for an auto deduction and a monthly service, am I?

WALLSTREETESQ :

no, once you provide feedback to this question you are not billed anymore unless you signed up for a monthly subscrition

WALLSTREETESQ :

subscription

Customer:

Thank you so much for all your help. This site is really valuable for a person like me who just needs a few questions answered. I will give you a great rating. Please do send me this conversation so I can share it with my spouse.

WALLSTREETESQ :

ok

Customer:

Have a good night.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15685
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you

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