I got a letter saying a creditor did not file a proof of claim – what should I do?
- Sometimes in a Chapter 7 bankruptcy, creditors must file a document called a "Proof of Claim" to get paid. Sometimes, the creditor will send a copy of a proof of claim to the debtor.
- If the creditor is a general unsecured creditor (as in the case of medical or credit card bills) and is NOT a student loan, the creditor will not be paid by the Trustee, but the debt will still be discharged when your case is completed.
- If the creditor is a secured creditor (as in the case of a car loan), our office will not file the claim for the secured creditor because it is up to the debtor to stay current with payments to that creditor if they want to keep the property.
- If it is a priority creditor (such as tax debt or child support) we will file the claim for the creditor so that the debt gets paid by the Trustee.
- In any case, if you receive a proof of claim, you don't need to do anything. We will take care of it.