Creditors In Bankruptcy

Debtors rarely pay attention to what duties the creditor has as part of their bankruptcy case. The truth is that creditors can, and do, take a fairly active role in a case. However, what they are required to do is generally nothing to worry about, especially when a debtor is represented by a bankruptcy attorney.

Standing By

The reason that creditors get involved in a bankruptcy filing is to verify debts and stake claim on any payments that are to be made. When you file for bankruptcy, your creditors are notified of the filing, asked to verify the debt in question and invited to participate in a meeting. The 341 Meeting of Creditors  gives creditors the right to meet with you, the trustee and attorney to ask questions or dispute information. Not all creditors, if any, attend this meeting, but are generally allowed to accept or deny the debts in question.

All creditors want to ensure that they get the money owed to them, which is generally done by filing a claim against your assets in the case. The creditors must file a proof of claim with the trustee in order to place their stake on any money or property that may come up for liquidation. Secured debt creditors are typically the first to file this claim and are given priority in terms of any distribution of funds or assets. In some cases, unsecured debt creditors will not file the claim. Depending on your financial situation, unsecured debt creditors may not be given any stake even if they do file the claim.