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Indiana Notice of Chapter 7 Bankruptcy Case - Proof of Claim Deadline Set (For Corporations or Partnerships)

State:
Indiana
Control #:
IN-B-309D
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PDF
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Notice of Chapter 7 Bankruptcy Case - Proof of Claim Deadline Set (For Corporations or Partnerships)

The Indiana Notice of Chapter 7 Bankruptcy Case — Proof of Claim Deadline Set (For Corporations or Partnerships) is a notice to all creditors of the business that has filed a Chapter 7 bankruptcy case. The notice informs creditors that a deadline has been set for them to file a proof of claim with the court. This proof of claim is necessary to ensure that the creditors receive payment from the business’s assets once the bankruptcy case is concluded. There are two types of Indiana Notice of Chapter 7 Bankruptcy Case — Proof of Claim Deadline Set (For Corporations or Partnerships): one for corporations and one for partnerships. Both notices provide creditors with the date by which they must file their proof of claim, the address of the bankruptcy court, and the name of the bankruptcy trustee assigned to the case.

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FAQ

A proof of claim form is the official bankruptcy form a creditor must file before getting paid in a bankruptcy case. The proof of claim form tells the bankruptcy trustee the type of claim the creditor asserts and how much the filer owes the creditor.

If a secured creditor fails to file proof of claim, then you will not make any payments toward what you owe on your house or car during your repayment plan. At the end of the bankruptcy process, to keep the collateral, you will still owe the full amount of these secured debts. Plus, you may owe interest and other fees.

Under Chapter 7, the company stops all operations and goes completely out of business. A trustee is appointed to "liquidate" (sell) the company's assets and the money is used to pay off the debt, which may include debts to creditors and investors. The investors who take the least risk are paid first.

Your creditors need to know whether your debts to them can be repaid, at least in part. Failing to list assets in a Chapter 7 could spell trouble because: The trustee may have to reopen your case to sell the assets that you failed to disclose. The court could revoke your discharge if you have already received it.

A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.

Government entities have 180 days after the petition filing date to file a proof of claim. If a creditor doesn't file a proof of claim, it can't get paid through your bankruptcy. In a no-asset Chapter 7 case, creditors won't file proof of claim forms because there won't be any assets to distribute.

The court may deny a chapter 7 discharge for any of the reasons described in section 727(a) of the Bankruptcy Code, including failure to provide requested tax documents; failure to complete a course on personal financial management; transfer or concealment of property with intent to hinder, delay, or defraud creditors;

Under Federal Rules of Bankruptcy Procedure Rule 4004, a trustee or creditors have sixty (60) days after the first date set for the 341(a) Meeting of Creditors to file a complaint objecting to discharge.

More info

Notice of Chapter 7 Bankruptcy Case – Proof of Claim Deadline Set (For Corporations or Partnerships). Download Form (pdf, 179.Official Form 309D (For Corporations or Partnerships). Generally speaking, in a Chapter 7 or Chapter 13 case, a proof of claim must be filed no later than 70 days after the case is filed. Please allow at least 15 business days for filings to be reviewed to account for increases in workload. What is the purpose of an annual registration? When you file for bankruptcy, all creditors listed in your schedules receive notice of your case. When a company files for bankruptcy, the court will typically send you a notice and a proof of claim form that allows you to petition for payment. The last possible date that creditors are allowed to file their Proof of Claim against a Debtor in a bankruptcy case is known as the Bar Date. TWC cannot investigate a wage claim if the employer filed for bankruptcy; you may need to file proof of claim directly with the Bankruptcy Court.

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Indiana Notice of Chapter 7 Bankruptcy Case - Proof of Claim Deadline Set (For Corporations or Partnerships)