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FAQs

Creditor

  1. I am a child support creditor. How can I find out if my debt is nondischargeable?

    These matters are complex, so consulting an attorney is strongly recommended. See 11 U.S.C. §523(a)(5)

    https://www.law.cornell.edu/uscode/text/11/523

  2. I am a creditor in a case that converted to another chapter. Do I have to file another proof of claim?

    No. Once you have filed a proof of claim, you do not need to re-file it if the case converts to another chapter.

  3. I am a creditor in a Chapter 11 case and the plan of reorganization has been approved. When will payments begin?

    Each specific plan has different provisions pertaining to the time and amounts of creditor payments. Read the plan. If you have questions, consult your attorney, or call the debtor's attorney and ask him when your class of creditors will be paid.

    See Bankruptcy Basics Post confirmation Administration:

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter11.aspx

  4. I am a creditor in a Chapter 7 case. When can I expect payment?

    Each case is different. First the United States Trustee has been a Notice of Possible Dividends issued in the case to which you timely filed a proof of claim. Several months after the deadline to file claims has passed you may contact the Chapter 7 trustee and ask when the trustee anticipates making payments to the creditors. Remember that in more complex cases or cases involving litigation, there may be many months of delay before payments may be made to creditors. The Chapter 7 trustee's contact information is on the notice of the meeting of creditors.

  5. I am a creditor's attorney and will be filing a claim on behalf of my client. How do I record the creditor address and my address as attorney?

    When filing the claim, there is a drop-down box on the first screen which allows you, the filer, to select who is submitting the claim. The options are: Creditor; Creditor’s Attorney; Debtor; Debtor’s Attorney; or Trustee. If the attorney is the filer, you will be able to add the attorney name and address and select the creditor’s name from the listing of creditors in the case or if the creditor is not listed or listed incorrectly, you are able to add the correct creditor. Both names and addresses will be added to the mailing matrix and displayed on the Proof of Claim and Claims Register.

  6. I am a creditor. What should I do if my address changes from the address on my Proof of Claim?

    You should file a change of address form with the Court. This form can be found on the Court's website, and should also be sent to the case trustee.

  7. I am filing a Proof of Claim, what is the difference between the Notice & Payment address?

    Notice address is where the court office will send notices. Payment address is where the trustees will send payments.

  8. I am looking up a case; however when I click on the link to view any of the documents, a restricted notice come up.

    To avoid compromising an individual's private information and an individual's privacy, restrictions will now be place on all documents, including claims, filed in cases opened before December 1, 2003, that have been closed for at least a year. Every document will be restricted even if the content has no private or sensitive information. Documents that were previously unrestricted are now available only for court users, case participants and their attorneys, and anyone using a public terminal. Documents that were previously restricted to court users retain the same restriction level.

    https://tdi.ilnb.uscourts.gov/madcap/Default.htm#cm%20ecf%20releases/cmecf4.0%20and%204.2/cmecf%20release%204.1.htm

  9. I filed a claim and my attachments did not properly attach to the claim filed. How do I get the supporting documentation filed?

    a) Ensure that the attachment(s) is in PDF format and is being submitted in black and white (no color documents).
    b) Confirm that each PDF document being attached is less than 7 MB in size.
    c) File an amended claim and attach the correct PDF images.
    d) When filing the amended claim, check the box on the form that designates that the claim is amended. Select the claim number of the claim to be amended.
    e) Attachments must be added by the process above.

  10. I need to amend a claim. How do I do this?

    When completing the fillable claim form, check the box (above Item 1. on the form) to indicate that the claim amends a previously filed claim. You can then enter the Court claim number and/or date of the previous claim.

  11. I received a notice and summary of the Trustee's Final Report and Accounting. How long will it be before I receive payment on my claim?

    Once a trustee has sent out the Final Report and Accounting, the Court allows time for possible objections, and if an objection is filed, a hearing will be set. If the objection is resolved or the Final Report is otherwise approved, the trustee may then make distributions to creditors. Generally, trustees distribute funds to creditors six to eight weeks after they send out the Notice of Final Report and Accounting, but that period may be longer. If you have questions, contact Chapter 7 trustee.

  12. If I file my claim using this electronic form, will I be added to the case for service of future notices?

    Yes. The address of the creditor listed on the proof of claim is automatically added to the mailing matrix of a case when a proof of claim is filed.

  13. If my claim has been paid, should I file a Withdrawal of Claim?

    No. A withdrawal of claim should only be filed if the claim was filed in error.

  14. Is a signature required on the Proof of Claim?

    Yes. Type the name and title, if any, of the person authorized to file the claim on behalf of the
    creditor. A copy of the power of attorney, if any, should be attached to the claim.

  15. What is a discharge?

    Discharge is a release of a debtor from personal liability for certain dischargeable debts set forth in the Bankruptcy Code. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including telephone calls, letters, and personal contact.

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Glossary.aspx

  16. What is the difference between a denial of discharge and a debt being non dischargeable?

    When a debtor is denied a discharge under section 727 of the Bankruptcy Code, he or she obtains no discharge of debts in any way, shape, or form through the bankruptcy case. On the other hand, a determination of non-dischargeability under section 523 of the Bankruptcy Code impacts only the particular debt involved in the analysis.

  17. When will the claim appear on the claims register?

    The claim will immediately appear on the claims register upon submitting the proof of claim.

  18. Why did I receive a 341 Meeting of Creditors Notice?

    You may have been named as a creditor in a bankruptcy case and probably listed on the debtor’s schedule.  If you wish to check the schedules you can register to become a PACER User at http://www.pacer.gov.

    Public Access to Court Electronic Records or you may contact the Public Service help line at (312) 435-5694

  19. Why is the bankruptcy case closed if my adversary case is still pending?

    The Court staff cannot give legal advice under Title 28 U.S.C. Section 955.  If filing without a lawyer, visit the courts website for legal assistance.

  20. Will the Trustee be served with the Proof of Claim?

    Yes. The Trustee will receive notification of the claim through the Court's Notice of Electronic Filing. You do not need to file a separate paper claim with the Trustee’s office.

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