bankruptcy proof claim
CREDITOR CLAIMS DURING BANKRUPTCY TO BE TAKEN SERIOUSLY
Proof of Claims:
Filing bankruptcy does not mean that the court is going to listen to the debtor only. The court gives a chance to the lenders as well to submit their claims. These claims are called “proof of claims”
Approving Proof of Claims:
If in the midst of the process of filing bankruptcy, the creditor submits the proof of claims, the court asks the debtor whether he/she objects to the proof of claims. Now, if the bankruptcy applicant does not respond to this query of the court, according to the personal bankruptcy rules, it is taken for granted that the bankruptcy applicant does not have any objection to the proof of claims. This means that the applicant approves the proof of claims and applicant has to pay if possible what is owed to the creditor or lender during the process of bankruptcy. The priority of the bankruptcy will be affected by this. This is also going to have a big effect on the secured and non-dischargeable debt.
Consequences of Approving Proof of Claims:
Suppose during the process of bankruptcy, a claim for child support is made. This claim could enormously inflate the amount that you owe. Now if you do not challenge it during bankruptcy, you will not get a second chance to take objection to it. Since you have not taken any objection it will be considered allowed by you and you have to pay this if possible during bankruptcy. This situation could be repeated in case of taxes, student loans or other secured debt. Because of this, one could be servicing the claim even after filing bankruptcy.
Challenging the Proof of Claims:
To avoid this sort of troubles one should thoroughly check the claims of the creditors during bankruptcy. If you find any inaccuracy, you should immediately take objection to it forth the bankruptcy court. You should take help of bankruptcy attorneys or bankruptcy lawyer to represent your case.
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