A creditor must file a proof of claim form with the Bankruptcy Court (in duplicate) before the creditor is entitled to receive payment under a Chapter 13 plan. A proof of claim form is provided to each creditor with the notification of the bankruptcy filing. Additional claim forms may be obtained from this web site (see forms) or from the Bankruptcy Clerk’s Office. If the claim is for a secured or priority creditor, the creditor is required to attach all documents necessary to support the classification of the claim. Although generally creditors file the proof of claim, a debtor may file a claim for a non-filing, pre-petition creditor.
Bar Dates: A proof of claim must be filed by creditors within 90 days from the date first set for the Section 341 First Meeting of Creditors (not the date that the Section 341 First Meeting of Creditor is actually held). Governmental units must file their claims within 180 days from the date the Petition is filed with the Bankruptcy Court.
A Proof of Claim filed with the Bankruptcy Court is allowed as filed unless a formal written objection to the claim is filed with the Bankruptcy Court. The Trustee will pay the claims based upon the filed and allowed Proof of Claim and not based on how you scheduled the claim or provided for the claim in your plan. A creditor may raise an issue of valuation by Objection to Confirmation. A debtor may raise the issue by Objection to Proof of Claim. Remember, our local rules require that the debtor’s attorney use reasonably diligent efforts to resolve any valuation issues before the Section 341 First Meeting of Creditors.
If the debtor objects to a claim, the objection must be filed with the Bankruptcy Court and served on the Trustee and the creditor or creditor’s attorney. Any objection to confirmation filed by a creditor must be served on the Trustee, the debtor, the debtor’s attorney and any other interested party.
Payments on claims for secured debts, priority debts and administrative expenses may begin in the first monthly distribution after the Trustee receives the Order Confirming Plan. Payments to general unsecured creditors generally will not start until after those other debts and expenses have been paid and funds then become available for that class of creditors.
If an objection to a claim is filed and if the Trustee receives a copy of the objection, the Trustee will not make a distribution to that creditor until the issue is resolved by the Bankruptcy Court. It is important that the Trustee be served with any objection to any claim. It is advisable that any objection to a proof of claim be made as soon as the proof of claim has been filed.
The Trustee’s Office makes disbursements to creditors monthly in confirmed plans where the creditors have filed claims and those claims have been allowed. The order in which disbursements are made depends upon the categorization of the claims – administrative, secured, priority unsecured, general unsecured – and from the funds available in the case for each class of creditors.
Trustee fees are calculated based on the amount disbursed to creditors and are paid at each monthly disbursement.
Generally, creditors have 90 days after the date first set for your Section 341 First Meeting of Creditors to file their claims for payment under your Chapter 13 plan. Governmental entities have 180 days from the date your Petition was filed to file their claims. These dates are called “bar dates.” Generally, creditors filing claims after the “bar date” may not be entitled to payment of their claims. Unless you object to the late-filed claims, however, monies may be released for payment of those claims. Make sure to discuss all claims with your attorney, but especially any late-filed claims, and how best to treat those claims in your case.
