Q: When a husband and wife are co-creditors on a loan, which one signs the proof of claim in a chapter 13 bankruptcy?

A: This is a fairly simple question, but it's not your first, nor even your second. It and those before it illustrate an important point: Bankruptcy can quickly become a complex thing, even for those who have practiced within its scope for years.

Inother words, the bankruptcy area of the law is NOT for novices, or those untrained in its many aspects and provisions.

In this aspect of your case, if you do not file a claim in the proper form, it may be rejected by the trustee or the debtor-in-possession or the Court.

Take all your questions to an experienced GA bankruptcy lawyer, and get this done right.

A: In a Chapter 13 bankruptcy case, when a loan is jointly held by a husband and wife as co-creditors, either party can sign the proof of claim form. However, it is important to ensure that the form clearly indicates that the claim is being filed on behalf of both parties. This can be achieved by including both names on the claim form and specifying their joint creditor status.

To avoid any potential confusion or disputes, it might be prudent for both parties to sign the proof of claim, if the form and bankruptcy court procedures allow for it. This action can help to clearly demonstrate the joint nature of the claim to the bankruptcy court and trustee.

If there is any uncertainty about the proper procedure or how to accurately represent both parties' interests on the proof of claim, consulting with a legal professional experienced in bankruptcy cases is advisable. They can provide guidance tailored to your specific situation, ensuring that the claim is properly filed and that both creditors' rights are protected throughout the bankruptcy process.