Why Is The Trustee Asking Creditors To File A Proof Of Claim?

Written by Rohan Pavuluri.  
Updated September 3, 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.

Written By:

Rohan Pavuluri

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Rohan Pavuluri is the CEO and Co-founder of Upsolve, the largest bankruptcy nonprofit in America. He graduated from Harvard College in 2018. He is also a member of the Legal Services Corporation’s Emerging Leaders Council, a Board Director at the National Access to Justice Center... read more about Rohan Pavuluri

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