Assertion: bankruptcy's creditor | /r/CapableOf | file a proof of claim
Facets:
value: in chapters
type: LOCATION
value: in most cases
type: OTHER
value: in 13
type: LOCATION
value: generally
type: DEGREE
Source sentences:
text: In Chapters 7, 12, and 13, creditors must file a "proof of claim" to get paid.
text: In the typical no asset chapter 7 case, there is no need for creditors to file proofs of claim because there will be no distribution.
text: A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court.
text: Generally, any creditor whose claim is not scheduled (i.e., listed by the debtor on the debtor's schedules) or is scheduled as disputed, contingent, or unliquidated must file a proof of claim (and attach evidence documenting the claim) in order to be treated as a creditor for purposes of voting on the plan and distribution under it.
text: Creditors holding unsecured claims (such as credit card issuers) typically do not receive proceeds unless it is an asset case and the creditor has filed a proof of claim with the court.
text: If the creditor's claim is not listed on the schedules in a Chapter 11 case, the creditor must file a proof of claim.
text: Thus, a creditor must file a proof of claim if the creditor's claim appears on the list of creditors as disputed, contingent, or unliquidated.
text: A creditor that wants to get paid out of bankruptcy funds (if any are available) must file a proof of claim form in Chapter 7 or Chapter 13 bankruptcy.
text: All creditors who wish to be paid out of bankruptcy funds must file a proof of claim.
text: On December 1, 2017, the law was amended to make clear that in Chapters 7, 12 and 13 bankruptcy cases, a secured, unsecured, or equity secured creditor (with a few exceptions) must file a proof of claim to receive money from the bankruptcy estate.
text: Of course, if funds aren’t available for distribution—such as in a Chapter 7 “no-asset” case—a creditor won’t be told to file a proof of claim.
text: However, even if the secured creditor doesn’t file a proof of claim, the creditor won’t lose its lien.
text: This occurs if you fail to list the debt in time for the creditor to file a proof of claim and the creditor had no knowledge of the bankruptcy.
text: A creditor that wants to get paid in bankruptcy must file a proof of claim.
text: If a creditor doesn’t file a proof of claim, it can’t get paid through your bankruptcy.
text: In most cases, a creditor will file a proof of claim.