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Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Debtor in the last 6 years (include married, maiden, and trade names): All Other Names used by the Joint Debtor in the last 6 years (include married, maiden, and trade names): Soc. Sec./Tax I.D. No. (if more than one, state all): Soc. Sec./Tax I.D. No. (if more than one, state all): Street Address of Debtor (No. & Street, City, State, & Zip Code): Street Address of Joint Debtor (No. & Street, City,.
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Certifying FAQ
Filing Proof of Claim or Interest. (a) Necessity for Filing. A secured creditor, unsecured creditor, or equity security holder must file a proof of claim or interest for the claim or interest to be allowed, except as provided in Rules 1019(3), 3003, 3004, and 3005.
A creditor is a person, corporation, or other entity to whom debtor owes a debt that was incurred before the date of the bankruptcy filing. See 11 U.S.C. §101 (10). A claim is the creditor's right to receive payment for a debt owed by the debtor on the date of the bankruptcy filing.
In Chapter 13 bankruptcy, you must devote all of your "disposable income" to the repayment of your debts over the life of your Chapter 13 plan. Your disposable income first goes to your secured and priority creditors. Your unsecured creditors share any remaining amount.
Whether or not the court discharges your debt depends on the situation. First and foremost, Chapter 13 is a repayment plan. You can expect to pay down your debts for several years. Only then may a court eliminate some of your remaining debt if you meet specific requirements.
Do I have to include all my debts? When you file any type of bankruptcy case, you must list all of your debts and all of your assets. In Chapter 13, however, you can often propose a plan that treats debts differently depending on the type of debt.
Official Form 309C (For Corporations or Partnerships) Notice of Chapter 7 Bankruptcy Case - No Proof of Claim Deadline.
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.
Unlike other types of consumer bankruptcy, Chapter 11 bankruptcy does not strictly define what will happen to debts. Certain types of debts (such as student loans, unpaid child support, and unpaid taxes) are not dischargeable, so if these are part of the bankruptcy, the plan must include a way to pay those back.
Most Chapter 7 bankruptcies don't require them to file proofs of claim because the creditors often receive nothing from the bankruptcy estate. In Chapter 13, though, they want to receive payments from the repayment plan, so they have an incentive to file, for if they don't, they get nothing.
Many debtors file for Chapter 13 bankruptcy to reorganize their debts and catch up on their missed mortgage or car loan payments through an affordable repayment plan. After paying your disposable income into your plan, you receive a bankruptcy discharge wiping out any balance remaining on qualifying debts.
Typically, all creditors, whether they are owed secured or unsecured debts, should file a proof of claim in order to have a chance for recouping all or at least some of the amount they are due.
However, each of your creditors must file a proof of claim (described below) within a certain time to prove how much you owe. If a creditor fails to do so, then the bankruptcy trustee will not make any payments to that creditor.
Unsecured Related content
Voluntary Petition (Superseded)
Voluntary Petition (Superseded). Download Form (pdf, 846.86 KB). Form Number: B 1...
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