When debtors go through a Chapter 13 bankruptcy in Florida, creditors need to submit proof of claim to receive debt repayment. Creditors can print out form 410 from the US Courts Bankruptcy Forms page.
Lien rights
Secured creditors retain lien rights to keep the collateral if debtors don’t pay back the debt on time. They don’t lose these rights if they fail to submit proof of claim.
Filing a proof of claim
On proof of claim, creditors explain what type of claim they have and how much. The bankruptcy trustee uses this information to determine how much they can give to the creditor. Certain types of debts have a higher priority than others. Thus, there isn’t a guarantee that all creditors will reclaim their debt in full or at all. Income tax and domestic support debts have a high priority in a Chapter 13 bankruptcy.
Creditors must include evidence with their proof of claim too. Other details they need are the debtor’s address, name and bankruptcy case number.
Some bankruptcy judges accept an informal claim, but it’s at their discretion. You probably want to stick to a formal claim to be on the safe side. Creditors still need to go through specific steps for informal proof of claim, such as filing with the bankruptcy court, making the claim in writing and declaring the demand against the debtor.
Deadlines
For a Chapter 13 bankruptcy, non-governmental creditors must file a proof of claim within 70 days of the petition filing date. Governmental creditors have up to 180 days. When a creditor has extenuating circumstances that prevent them from filing on time, the court may allow a late submission.
Although creditors could receive full or partial repayment when a debtor goes through a Chapter 13 bankruptcy, there isn’t a guarantee. Creditors need to file a proof of claim to have a chance at repayment within the specified time frame.
