When should a creditor file a proof of claim?

  • As a creditor, you will receive a notice from the bankruptcy court.
  • Often, in Chapter 7 bankruptcy cases, there is a notice that tells you there is no money available and no proof of claim should be filed.
  • In all other instances and different types of proceedings, you should file a proof of claim and you should file it quickly.
  • If you do not file a proof of claim by the mandated court date, no matter what the circumstances, you will not be able to collect any money from the bankruptcy estate.
Cohn, Lifland, Pearlman, Herrmann and Knopf LLP