When should I file a Proof of Claim with the Court?
In virtually all Chapter 7 cases, the first notice you receive from the Clerk’s office will tell you not to file a claim until told to do so at a later date. Upon examination of the debtor, if the case trustee believes the Chapter 7 case may have nonexempt assets available for distribution to creditors, he/she will notify the Clerk’s office to send a special notice to creditors to file claims and establishing a claims filing deadline. If you receive a notice that sets a deadline for filing claims, you must timely file the proof of claim with the Clerk’s office in order to be eligible to participate in any distribution in the case. If you are mailing your claim to the Clerk’s office, you must ensure that it is received by the filing deadline in order to be considered timely filed. In Chapter 11 and 13 cases, the first notice you receive from the Clerk’s office will contain a deadline for filing claims. If you want to participate in the debtor’s repayment plan, you MUST file a proof of claim with the Clerk’s office by the deadline indicated on the notice. Your claim must be received by the Clerk’s office by this deadline (not mailed by that date). If someone who owes you money has filed bankruptcy, but you have not received a written notice about the bankruptcy, you can submit to the Clerk’s office a written Request to be Added to the Creditor Mailing List. Include your mailing address in this request so that the Clerk’s office can add you to the creditor list and send you future notices about the debtor’s bankruptcy case.