How to File a Claim for Money Owed in a Chapter 13 Situation
If someone who owes you money cannot pay his bills on time, he may file for bankruptcy. This would give him protection from his creditors while he gets his finances in order under court supervision. A Chapter 13 bankruptcy is often used by a debtor who has assets that he wants to keep, and he can make payments on a repayment plan. The bankruptcy trustee oversees the payment plan once accepted, and distributes payments to the creditors. In order to collect part or all of your money, you must file a proof of claim.
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Instructions
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Locate the details for filing a claim. The bankruptcy notice that the court mailed you should have all of the pertinent information, including the address where a creditor would respond to the bankruptcy notice, and the deadline for filing any proof of claim as well. The bankruptcy notice may also have other relevant information about the debtor's bankruptcy filing.
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Obtain a proof of claim form. You may contact the bankruptcy court directly, or you can download a copy of the form from the United States court's website. You can download the form and the instructions at the same time.
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Complete the proof of claim form. Much of the form contains personal identifying information for the creditor. You must also state any basis that you have for the claim, or the type of debt and how it was incurred. List the last four digits of any number that you used to identify the creditor, and list any other names or businesses that the debtor may have referred to you by in his bankruptcy paperwork. You must also state whether the loan is secured, and what the property is that secures the debt.
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Attach any documentation you have proving that the debtor owes the debt, and that you should have a claim against his bankruptcy estate. This could be signed copies of loan contracts, or a bill of sale outlining payment details that were not completed. In the case of spousal or child support, attach a copy of the court documents ordering that the debtor pay support . Also indicate whether the debt is any type of priority debt, such as domestic support or unpaid salary or benefits.
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Mail the proof of claim to the correct address as specified on the court documents. Mail it certified with return receipt requested by the deadline to file a claim. You can also enclose a self-addressed stamped envelope for the court to mail you confirmation that the claim has been accepted.
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Tips & Warnings
Follow the bankruptcy case on PACER, or the Public Access to Court Electronic Records system. The cost is minimal to get a membership on the PACER website. This will allow you to monitor how the case progresses, and if you have any money coming to you as the debtor works his repayment plan.
Do not attempt to contact the debtor directly to collect the debt. Any collection activity, including sending a statement or a bill, while the debtor is in an active bankruptcy is a violation of the automatic stay of collections. You could be sanctioned by the court, and possibly fined.
