Julian Credit Management is a non-profit, nationwide debt consolidation and credit counseling organization, located in Central Florida. Our dedicated counselors can help you restructure your bills and make a payment plan that can cut years and thousands of dollars off your long-term debts like credit cards, mortgages, and other loans.
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Filing A Proof Of Claim In A Banruptcy Case When A Debtor Owes You Money MARK ZADAR, Julian Credit Management


Rule 3002-1 Filing Proof of Claim or Interest in chapter 7, 12, 13 cases Chapter 7 no Asset Cases.

If a person who files bankruptcy owes you money the only way that you can be expect to be paid any money is to file a Proof of Claim. In a Chapter 7 if the case is a no-asset case meaning creditors will not be paid any money because there are no assets to distribute it is not necessary to file a Proof of Claim. Upon the filing of a "notice of assets", a deadline for filing claims shall be established as provided by Bankruptcy Rule 3002 and noticed puruant to local Rule 2002. Claims deadline in chapter 13 cases converted to chapter 7 cases shall be established as provided by bankruptcy rule.

Modification of Claims deadline.

The deadline in bankruptcy 3002 for filing a proof of a claim in a chapter 7, 12, 13 case is modified in the following circumstances for Non-governmental unit claimants.

Meeting of creditors untimely noticed.

If service of the 341 or post-conversion meeting notice is not timely provide notice the 341 meeting must be researched before another notice can be served, the deadline for filing proofs of claim or interest shall be 90 days after the rescheduled date of the 341 meeting.

Case dismissed and reinstated.

If a case is dismissed prior to the expiration of theclaims deadline & subsequently reinstated.

  1. in a case dismissed before the 341 meeting is held, the new deadline for filing proofs of claim or interest shall be 90 days after the rescheduled 341 meeting.
  2. In a case dismissed after the 341 meeting is held, the new deadline for filing proofs of claim or interest shall be 90 days from execution of the order vacating the order of dismissal. Local Form "Order Vacating Dismissal and Reinstating Case" is required for any reinstated chapter 13 case. Any other proposed order reinstated a case submitted for consideration by the court in chapter 7 or 12 cases must contain the new deadlines prescibed by this rule for reinstated cases. The clerk shall provide notice of the new deadline.
Deadline for Claims Arising from Rejection of Contracts or Leases.

Unless otherwise ordered by the court, proofs of claims arising pursuant to 11 U.S.C from the rejection of an executory contract or unexpired lease must be filed not later than 30 days after the later of the entry of the order compelling or approving the rejection of the contract or lease, or the effective date of the rejection of the contract or lease, if the order contains the notice mandated by Local Rule 6006-1.

Julian Credit Management is a firm that practices exclusively in the area of Bankruptcy and Debt Consolidation and has offices in Clearwater (Pinellas County), Port Richey (Pasco County), Tampa (Hillsborough County), Lakeland (Polk County) and Orlando (Orange County). We represent persons throughout the State of Florida.


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