What are Proofs of Claim in a Bankruptcy?

: Reese Baker & Associates

  Filed under: Bankruptcy Information

claimAs soon as your creditors get wind that you are filing for bankruptcy they will prepare what is called a proof of claim. This is a formal written statement that is given to the bankruptcy court, as well as you the debtor and your bankruptcy trustee. It will also be given to any other third parties that have an interest in the bankruptcy. The purpose of this proof of claim is to let the courts know that this particular creditor is exercising their rights to receiving a payout from the bankruptcy estate.

No matter which bankruptcy is being filed the creditor who is non secured must file this proof of claim. Many of the secured creditors are not required to file this documentation, in order to secure the liens they have in place.

How much time these creditors are given to file their proof of claim depends on whether they are government creditors or non-government creditors. For the non-government creditors they have up to 90 days following the meeting of creditors to get their proof of claim in. For the government creditors they have to get theirs submitted with 180 days from the order for relief. Your Houston bankruptcy attorney will ensure that these proofs of claims are all in proper order, and that they have been filed with the courts according to the proper time frame allotted.

Proofs of claim are just one segment of the proceedings that have to take place during the bankruptcy channels. Although there are some similarities between chapter 7 and chapter 13 bankruptcies, their respective outcomes are quite a bit different.