San Jose, CA asked in Bankruptcy for California

Q: Hi! How to claim as a creditor (me) for a Chapter 7 (a facility)? Where to file? Any due date to file? Thanks!

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4 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Electronically. The deadline will be listed on the bankruptcy notice you received in the mail.

Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Bankruptcy Lawyer
  • Berkeley, CA
  • Licensed in California

A: You need to file a claim with the bankruptcy court from which you got the Notice of Bankruptcy. The time requirement is in the Notice. You must file a claim promptly or you will lose your chance to recover. Generally, only secured creditors have a chance of recovering any money. Best of luck.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: File a proof of claim in the bankruptcy case either rlectronicslly or in writing.

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: The notice sent by the court that the Chapter 7 was filed goes to all creditors entitled "Notice of Chapter 7 Bankruptcy Case." If the creditor received that notice, review it. Usually, Chapter 7 cases result in no distribution to creditors so the initial notice has a notation on the first page that says: No Proof of Claim Deadline. If the notice has that notation, no claim needs to be filed yet. If the Trustee assigned to the case determines there may be a distribution to creditors, a later notice will be sent to creditors with a deadline date for filing the claim.

If there is no indication that no claim should be filed, there will be a deadline date for filing the claim on the Notice of the case. If a claim must be filed, locate a bankruptcy attorney in your area for assistance and guidance. Or, you can check with the bankruptcy court clerk for information on filing a claim yourself.

Yelena Gurevich agrees with this answer

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