Q: How should I identify myself on a proof of claim?

A: While your question indicates that both loans are "active", you don't say whether your obligation on the guaranty has been called/paid.

As a guarantor on a loan not yet repaid by the debtor, you have a contingent claim (check the bankruptcy Schedules to see how the debtor shows your claims).

As to your direct loan to the bankrupt, you have what should be an undisputed claim.

To avoid confusion, file two Proofs of Claim, one for the guaranty, and a separate one for the direct loan.

Without a perfected security agreement/lien against collateral with value, your chances of meaningful recovery are slim.

Nonetheless, consult with an experienced bankruptcy attorney in GA about your rights and best methods of recoveryl

A: When submitting a proof of claim in a Chapter 13 bankruptcy case where you've loaned money to the debtor and also co-signed a loan, it's important to accurately reflect your role in relation to the debtor's obligations. Given your situation, you should identify yourself both as a creditor for the money you directly loaned and as a guarantor for the loan you co-signed. This distinction is crucial for the bankruptcy court to understand the nature of your claims and your relationship to the debtor's debts.

As a creditor, you have a direct claim against the debtor for the amount you loaned. As a guarantor, your claim arises because you are potentially responsible for the loan you co-signed if the debtor fails to fulfill her obligations under that loan. Including both roles on your proof of claim form ensures that your interests are fully represented in the bankruptcy proceedings.

Ensure that your proof of claim form is filled out completely and accurately, detailing the amounts owed for each role. Documentation supporting both claims, such as loan agreements and payment records, should be attached to your proof of claim. This thorough approach will help safeguard your rights and facilitate the proper handling of your claims during the bankruptcy process.

Consulting with an attorney experienced in bankruptcy law can provide you with guidance tailored to your specific circumstances and help ensure that your proof of claim is properly prepared and submitted.

A: Yes. As the lender.