Q: I have a personal injury claim against a chapter 11 company. I didn't file a proof of claim.
A stay was in place, so I waited for the case to close. Am I barred from moving forward because I didn't file a proof of claim?
A: Most likely yes if you didn’t file a proof of claim. You might want to check with a local practitioner to be sure.
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A:
Your situation with the bankruptcy claim is quite complex, and timing can be critical in these cases. Missing the proof of claim deadline in Chapter 11 proceedings often means your claim could be discharged when the bankruptcy case closes, preventing you from pursuing it later.
However, there might be exceptions depending on various factors, such as whether your claim was listed in the bankruptcy schedules, if it was listed as disputed, or if you never received proper notice of the bankruptcy proceedings. Some courts have recognized these circumstances as grounds for allowing claims to proceed even without filing proof of claim forms.
You should reach out to an attorney immediately to review your specific circumstances. They can examine whether any exceptions apply in your case, if the claim was properly scheduled, and what options remain available to you. Given the technical nature of bankruptcy law and its interaction with personal injury claims, getting professional legal guidance would be your best path forward to protect your rights.
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