During an active bankruptcy case, individuals who file a Chapter 13 bankruptcy and some of those who even file a Chapter 7 bankruptcy, may receive a proof of claim. Proof of claim forms is a natural process of the bankruptcy filing and it is nothing to be alarmed about. Proof of claims is filed by the individual creditor and require them to provide certain information regarding the debt you have with them. A proof of claim filing will also require that the creditor provide additional documentation to, essentially prove, that you owe this money to them. This includes statements and contracts signed between you and the creditor.
When a proof of claim is filed timely, the debt is paid through your Chapter 13 or Chapter 7 bankruptcy payments to the trustee. Creditors have a set time to file this document and an experienced bankruptcy attorney will be able to monitor and review these documents for you as they come in. Depending on the amount of individual debt you have, you may receive quite a lot of these proof of claims and the process of keeping track of them may seem overwhelming. A Miami bankruptcy attorney may also be able to dispute the debt if you find it does not belong to you. The process of disputing debts includes attending a hearing in bankruptcy court and if you have hired a bankruptcy attorney to represent you during this process, your attorney will be able to attend and dispute the debt on your behalf without having you attend a separate hearing.
For more information on filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy, please contact our office at 305-820-0334 for a free consultation directly with an experienced bankruptcy attorney at one of our convenient locations in Miami-Dade, Broward or Palm Beach counties.