One important step in a Chapter 7 or Chapter 13 bankruptcy case is the filing of the “proof of claim.” A proof of claim is a document a creditor files with the Bankruptcy Court to prove that you owe them a debt.  Once you begin your bankruptcy case, you are responsible for listing all of your creditors in your petition.  All of the debts have to be scheduled, with the name and address of the creditors.  This is so they can receive notice of the bankruptcy, and get their fair share of any money that is paid to creditors.  Including a complete list of creditors is also important because not it  ensures that you are not liable for any perjury in your case and that there will not any challenges to your discharge on that basis. 

Once you have created your creditor documentation and the bankruptcy petition has been filed, the creditors will be notified that they must file a proof of claim against you for any debt you owe them. Your creditors are now responsible for these documents and deadlines. Rules and deadlines are very strict for creditors regarding the main filing deadlines, revision deadlines, and duplicate filing issues. However, these are none of your concern so long as you have identified all of your creditors on the petition.  If your creditor misses any deadlines, or the court dismisses all duplicates, they may forfeit their right to be paid any amount once your case is discharged.

After all proofs of claim have been filed, you and your bankruptcy attorney should review them for any duplicates the court may have missed, or for any misfiled or untrue claims that were filed. Generally, the courts will do this for you, but it's always good to have another look at this information since it's your credit and bankruptcy case, and you don't want to be liable for false or duplicated claims.

-Drew Broaddus