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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26418
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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need to complete bankruptcy forms as a creditor of someone

Resolved Question:

need to complete bankruptcy forms as a creditor of someone filing a chapter 13.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.
Kirk Adams : Are you looking for a form to file your claim/inform the court that you are a creditor/owed money by the debtor?
Customer:

No...I have the forms. I'm looking to fill them out completely and on time in order for me to be included in the chapter 13 filing.

Kirk Adams : The only mandatory form you have to file is a proof of claim form. This form perfects your claim and the debtor will have to propose to repay you the debt IF YOU ARE A SECURED CREDITOR.
Kirk Adams : IF you are unsecured, you can still file a proof of claim, but there's no guarantee that you'll be paid. Instead, it just depends on whether or not the debtor has money left over to pay unsecureds.
Customer:

Not sure what you mean "SECURED CREDITOR" I know that I'm included as a creditor in the Chapter 13 for loans I've taken on the debtors be

Kirk Adams : You're a secured creditor IF there is collateral pledged as security for the money you're owed.
Customer:

behalf (hit the enter key prematurely)

Kirk Adams : For instance, if you loaned this debtor money and he/she pledged a vehicle or other personal property as collateral.
Kirk Adams : If you don't have a lien on any collateral, then you would be unsecured.
Customer:

Ok...I was really looking to speak to an Attorney that could make sure the documents are completed accurately. Seems this is not handled so frequently on the creditors behalf.

Kirk Adams : ALL creditors file proofs of claim, and I only represent creditors in bankruptcy cases (usually banks), so I'm intimately familiar with proofs of claims.
Kirk Adams : The proof of claim actually has an instruction page that specifically says how you need to fill out the form.
Kirk Adams : I can't review the document, but if you have questions about a numbered section of the claim form, I'll certainly be glad to respond.
Customer:

Ok...I'm reviewing it now. Is it wise for me to just complete it on my own or do you suggest I go with having it done by a lawyer and be represented in court? My apprehension is cost.

Kirk Adams : This is something that you should be able to do yourself.
Kirk Adams : IF you get involved in litigation involved in your claim, or if the creditor files an objection to your claim, etc., that's the time to consult an attorney.
Kirk Adams : Most of my clients have me fill out the proof of claim primarily because there's usually going to be some litigation involved at some point.
Kirk Adams : Also, if there happened to be an error on the claim form, you can always amend your document to fix any problem.
Customer:

With no problem in court? Will I have to appear in court at anytime or once the forms are complete will his attoney let me know if I will get payments going forth?

Kirk Adams : It's not likely that you would have to appear IF there's no objection to your claim.
Kirk Adams : Once you file your proof of clam, you should receive any mailings from the court or the debtor's attorney that pertains to your claim.
Customer:

Thank you...I appreciate your suggestions/advice.

Kirk Adams : No problem.
Customer:

I will try again now.

Kirk Adams : Just let me know if you need anything further.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26418
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Bankruptcy Law Specialists are ready to help you

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