Specialized Legal Representation for Creditors and Private Lenders

At Tatman Legal, we provide specialized representation in bankruptcy proofs of claim, assisting creditors and private lenders in Arizona, California, Florida, Oregon, Texas, and Washington. Our expertise ensures compliance with regional legal standards and maximizes the rights of our clients in bankruptcy cases.

Understanding the Proof of Claim Process

In bankruptcy proceedings, a proof of claim is essential for creditors to assert their rights. This formal document details the nature and amount of the debt, allowing the bankruptcy trustee to determine the creditor’s repayment. The process varies depending on the bankruptcy chapter but is necessary for both secured and unsecured creditors.

Proofs of Claims & Creditors’ Legal Rights in Bankruptcy Cases

Filing a proof of claim is mandatory for private creditors within 70 days and government creditors within 180 days from the debtor’s bankruptcy filing date. In Chapter 7 cases with no assets, creditors are initially not required to file; however, they may need to if undisclosed assets are later discovered.

Formal and Informal Proofs of Claims

Form 410 is the official document for filing a proof of claim, including the creditor’s and debtor’s information, claim type, debt nature, and amount, along with supporting documents. In certain circumstances, an informal claim might be accepted, but the formal process is generally recommended.

Objections to a Creditor’s Claim

Objections to claims can be made by the trustee, debtor, or other interested parties and must be filed in writing with the court. The objecting party bears the initial burden of production, providing evidence to support disallowing the creditor’s claim.

Issues for Secured Creditors

Secured creditors who do not file a proof of claim may retain their lien on the asset. However, to ensure repayment, the debtor can file a claim on the creditor’s behalf or make direct payments, though this is less common.