How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
characters left:
2 Bankruptcy Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Bankruptcy Proof of Claims

In bankruptcy proof of claims are filed by creditors. This allows the creditor’s claim to be deemed as valid or not valid by a trustee. There are many factors that trustees will review to make the decisions. Proof of claims in bankruptcy often lead to questions like the ones answered below.

I have a judgment against someone in small claims court but just found out they filed for Chapter 7 bankruptcy. Can I file a proof a claim?

In a small claims court judgment against someone that has filed for protection under the bankruptcy code you are not allowed to take any other steps to collect on your judgment except now through the bankruptcy court. If the bankruptcy court ends in a discharge of debts to the person you have a judgment against then you will be barred from collecting your judgment. The majority of Chapter 7 Bankruptcy results in the creditors receiving nothing. The main reason for this is that Chapter 7 cases are typically no asset cases. There is an exception to this this. You can file an objection to the claim as not being dischargeable in Bankruptcy.

I have a proof of claim against a debtor but received a notice that states “please do not file a proof of claim unless you received a notice to do so”. Do I wait or send in the proof?

The reason that the courts are telling you not to file a proof of claim is that there are no assets to be distributed. If assets are found they will send out a notice to the creditors giving them a period of time to file a proof of claim.

Filed claims can be objected by the trustee in Bankruptcy. Assets that are found will be distributed based on the priority of the claims. Unsecured creditors fall at the bottom of the priority. In most Chapter 7 cases there are no funds available to distribute. Assets that are found are usually used up by the administrative claim (the lawyers) before any creditor gets paid. Majority of people do not file a Chapter 7 if they have assets to protect.

How do you file a proof of claim for back rent in a Chapter 13 Bankruptcy?

The court will send a proof of claim form to all creditors. If you have not received a form then you might not have been scheduled as a creditor. Blank proof of claim forms can be obtained at the bankruptcy courts. You will need to attach a copy of the lease to the proof of claim form. The trustee will either accept the claim and payout according to the repayment plan or the trustee will object the claim. Keep in mind that unsecured debts are paid towards the end of the repayment plan.

If someone’s former fiancé has filed a 1 million dollar secured claim in my Chapter 7 Bankruptcy. How would they file a motion to object a proof of claim?

In most situations the person that wants to file a proof of claim, would want to first check if there are assets in their case. If there are no assets then there are no funds to be distributed making all proof of claims irrelevant. If there are assets to be distributed the trustee will request proof of claims when it is time for disbursement. If the claim is unreasonable and not support by documents, then the trustee will likely object the claim.

The person can file a motion with the case caption and dispute the claim. They would site that the claim has no supporting documents proving the debt and that the amount of the claim is unfounded and untrue. Then you can request the claim to be stricken. The creditor will then have the burden of proving the claim.

Having the right information and understanding of proof of claims can help when dealing with handling proof of claims. Experts can help answer questions on submitting proof of claims or objections to proof of claims. Get the answers fast and affordably by asking an Expert online.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
characters left:
2 Bankruptcy Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent Proof of Claim Questions

  • I was not able to pay my credit card debt and the credit cards

    I was not able to pay my credit card debt and the credit cards have turned this over to a collections agency. I still do not have the funds to pay - what can I expect to happen next?
  • My daughter in PA just filed Chapter 7 bankruptcy. Does she

    My daughter in PA just filed Chapter 7 bankruptcy. Does she need to pay any creditors listed in the bankruptcy while she is waiting on the court process?
  • I am currently selling a home I had been renting out for the

    I am currently selling a home I had been renting out for the past 2 years, I was transferred for work and am currently renting a place. A year and a half ago I went through a divorce which involved children and has unfortunately left me in a very poor financial state. I have been considering bankruptcy as I can really no longer make ends meet, my credit is destroyed and my bills are backing up further and further. I had listed the house for sale and have actually accepted an offer on it as per my real estate agent would net a very small income for myself but would atleast get out of the mortgage payment. Now the hidden fees are coming through and other payments I will have to make to complete this sale and is now looking like I may have to pay upwards of $4,000 to complete the sale which I do not have. If I was to declare bankruptcy with a pending sale on a property what will that do to all parties involved and is it even possible to do?
< Last | Next >
View More Bankruptcy Law Questions