How to File an Administrative Bankruptcy Claim
Under United States Bankruptcy Code 503, you as the creditor have the right to file an administrative claim on unsecured debts included in Chapter 7 or Chapter 13 bankruptcy cases. This allows for an administrative expense and allows for the creditor to be reimbursed for the amount of the debt and any fees accumulated during collection of this debt. This include attorney fees, collection fees and any late charges accumulated before a debtor's filing of bankruptcy.
Instructions
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1
Evaluate total amount of unsecured debt. You must include attorney fees, collection or any other expenses created from this unsecured debt. You should also calculate a reimbursement date for when you would like for the court to enforce this judgment.
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2
Fill out the proof of claim form. You must include the total of all expenses you reached in Step 1. Ensure that you have entered this figure into the amount of claim as of the date the case was filed. You must ensure that you have with this completed document all paperwork for this debt. This would include a copy of the contract signed by the debtor, financial records proving list of payments received, and verification of all included fees associated with this debt. You must package all of this documentation with your claim of proof.
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3
File petition to the court for request of payment. You do this by submitting your package you created with your claim of proof in Step 2. You submit this petition to the U.S. Bankruptcy Court in your district.
After this it is the waiting game, as the court will evaluate your claim of proof and make judgment for whether you receive this administrative claim.
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