Proof of Claims in a Chapter 13 Bankruptcy

Every chapter 13 case has creditors – perhaps secured against a car or unsecured, such as a credit card or medical bill.  Assuming creditors want to receive payment in your chapter 13 case they are normally required to file a Proof of Claim that details the debt and attaches proof of the debt.
Each creditor listed in your bankruptcy will receive a form they can fill out on-line or by paper.  This form is referred to as a Proof of Claim and must be filed with the Bankruptcy Court on a registry of claims.  You can obtain a copy of the registry from your attorney or the Bankruptcy Court.
Who gets paid in a bankruptcy?
December 1, 2017 there were some new rules governing the filing of proof of claim forms.  Bankruptcy Rule 3001 details the deadlines and requirements for filing a proof of claim.  Bankruptcy Rule 3002 describes the requirements for filing a proof of claim or interest. Bankruptcy Rule 3002.1 explains the process for filing a claim secured by a claim or interest in the Debtor’s principal residence. Bankruptcy Rule 3007 explains the process for objecting to claims.
The Debtor may file a proof of claim for those important creditors who failed to do so (such as a taxing authority). Bankruptcy Rule 3004 – gives the option for the debtor or trustee to file a proof of claim upon the expiration of the deadline for the creditor to file the claim.  This can be important if the debtor owes back taxes and the taxing authority has not filed a claim.  Remember the trustee will pay based on the filed claims, not the debtor’s schedules of what they owe.
Obviously there are many more rules governing claims or the effect of a claim, so it is important that you discuss claims filed by your creditors, or not filed.

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