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When a person or business files for bankruptcy, creditors either can do nothing and potentially lose any hope of recovery or they can assert their rights. A fundamental creditor's right involves filing an objection and challenging the debtor's ability to discharge or eliminate debt. For example, you could argue, as a creditor, that the debtor is undervaluing assets to escape repayment and provide proof of concealed assets (e.g., second car, vacation home). |
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Step 1 Stop trying to collect the debt. Once a bankruptcy is filed, an automatic stay prevents creditors from collecting on a debt. However, if the bankruptcy is dismissed, creditors can resume collecting, provided that no legal restrictions exist (e.g. statute of limitations). Step 2 Contact the bankruptcy court clerk to verify the case information. You should receive a notice that states the debtor's case and lists all creditors. Step 3 Assess the type of bankruptcy filed and determine if your claim is non-chargeable. Individuals can file Chapter 7 bankruptcy to discharge all debt or Chapter 11 to develop a reorganization or payment plan with the creditors. While most people who file Chapter 7 do not have any assets, such as real estate that creditors can file a claim against, debtors cannot discharge debts that arise from fraud, child support obligations, or willful and malicious acts like drunk driving. Private student loans represent another type of debt that a debtor ordinarily cannot escape through bankruptcy. Step 4 Prepare and file a Proof of Claim, Form B10 (uscourts.gov/rules/Revised_Rules_and_Forms/BK_Form_B10.pdf). Include all supporting evidence, such as receipts and contracts. Courts send creditors proof of claim forms along with notices of bankruptcy. Step 5 Present your claim before the bankruptcy trustee at the creditor's meeting. The meeting represents a legal proceeding that the debtor will attend. Balance the debt and the cost of attending the meeting. It's unlikely you will attend for a $250 debt if you live in Alaska and the meeting is in Florida, since the cost of traveling exceeds the amount owed. |
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