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?
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.
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.
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.
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.
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.
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.
Thank you...I appreciate your suggestions/advice.
Kirk Adams : No problem.
I will try again now.
Kirk Adams : Just let me know if you need anything further.