In a Chapter 13 bankruptcy or certain Chapter 7 bankruptcy cases, you may have to make payments to creditors. However, in order for certain creditors to get paid is by their filing with the court what is called a proof of claim. A proof of claim must include name of the creditor, amount of claim, and the basis of the claim (e.g. credit card). If these creditors don’t file a proof of claim, they won’t get any payments from the bankruptcy trustee.
If a creditor has filed a proof of claim in your case, you may want to object to it. One reason to object is if you believe the creditor has misstated the amount you owed, or if you simply believe the debt is not yours.
If you have filed a no asset Chapter 7 petition (which means that you have no assets which the trustee will sell and distribute), then you can probably expect that no creditors will file a proof of claim. Sometimes, though, creditors who are unfamiliar with the bankruptcy process will file a proof of claim mistakenly believing that they have to do so to protect their rights.
If you have questions about proof of claims or other personal bankruptcy matters, you should talk with a Colorado bankruptcy attorney.
You can download a copy of a proof of claim form (Official Form 10) below.
[gview file=http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_010_0410.pdf]