I want to file a claim. Where do I get the form and what do I do with it?
A Proof of Claim is a legal document that a creditor must file with the Bankruptcy Court in order to receive payments under a Chapter 13 plan from the Chapter 13 Trustee. Even if the Chapter 13 plan specifically calls for payments to a creditor, that creditor will not receive any distributions from the Chapter 13 Trustee unless the Proof of Claim is filed time with the Bankruptcy Court. Creditors can obtain a Proof of Claim form from the Bankruptcy Clerk’s Office. Proofs of Claim must be filed with the Bankruptcy Court.
Is there a deadline to file a claim?
All scheduled creditors will receive a Notice of Bankruptcy filing that provides information regarding the deadline to file a claim in the specified case (“bar date”).
>For non-governmental creditors, the bar date is 70 days from the date the Chapter 13 case was filed or converted to a Chapter 13 proceeding.
>For governmental creditors, the bar date is 180 days after the bankruptcy Petition is filed.
When does the trustee mail the disbursement checks?
Generally, the trustee disburses to filed and allowed claims on the first day of the month and those disbursments are mailed within the first week of the month.
Will I receive interest on my claim?
The Chapter 13 confirmed plan will determine whether or not interest will be paid on a claim. If interest is to be paid, the confirmed plan will also indicate the rate that will be paid. The “Chapter 13 interest rate” for a case is determined by the date the initial Chapter 13 plan is filed with the Bankruptcy Court.
I need to update my address. How do I go about doing that?
The trustee will mail disbursement checks to the payment address listed on the Proof of Claim. If the payment address has changed, the creditor must file a Notice of Address Change with the Bankruptcy Court and/or notify the trustee’s office in writing. Please note that the Chapter 13 trustee's office cannot change the addressee/payee’s name without a formal assignment/transfer being filed with the Bankruptcy Court. You should contact the clerk's office at the Bankruptcy Court, 816-512-1800, to determine filing requirements.
How do I access case information?
Case information can be accessed through www.ndc.org provided you have complied with their requirements. You can also obtain information though www.13network.com if you have registered through the trustee’s office regarding access to cases in which you are a party in interest To register for 13network.com complete the Web Access Agreement v.2.