What does it mean if the trustee finds an asset and asks creditors to file a proof of claim?
If the trustee discovers an asset during your bankruptcy filing, a creditor must file paperwork before they can get paid. Any creditor who wants to be paid from bankruptcy funds must file a claim by the specified deadline. That paperwork is called the “proof of claim.”
Written by Rohan Pavuluri.
Updated July 22, 2020
If the trustee discovers an asset during your bankruptcy filing, a creditor must file paperwork before they can get paid. Any creditor who wants to be paid from bankruptcy funds must file a claim by the specified deadline. That paperwork is called the “proof of claim.”
The proof of claim will tell the trustee about the specific debt, such as how much is owed and the kind of claim being filed.
Just because a claim is filed doesn’t guarantee payment. However, a creditor must file the claim in an attempt to prove they should be repaid.
In situations where there are no funds to distribute, such as a Chapter 7 “no asset” case, the creditors will not be told to file claims.
