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Even if the Chapter 13 plan specifically provides for payments to a creditor, a Proof of Claim is required before the Chapter 13 Trustee will disburse funds to that creditor. Generally, creditors will file a Proof of Claim, but a debtor may file a claim on behalf of a non-filing, pre-petition creditor.
The deadline for filing a proof of claim form for nongovernmental creditors in Chapter 7, 12, or Chapter 13 bankruptcy cases is 70 days after the petition filing date. Government entities have additional time and must file a proof of claim within 180 days after the order for relief or bankruptcy filing date.
Although the result of failing to file a proof of claim may be generally known, certain consequences to the creditor submitting to the jurisdiction of the bankruptcy court, waiving the right to a jury trial and subjecting the proceeds of a letter of credit to a cap on lease rejection damages are not as well known.
Chapter 13 Eligibility Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individuals combined total secured and unsecured debts are less than $2,750,000 as of the date of filing for bankruptcy relief. 11 U.S.C. 109(e).
A secured creditor, unsecured creditor, or equity security holder must file a proof of claim or interest for the claim or interest to be allowed, except as provided in Rules 1019(3), 3003, 3004, and 3005.
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