No particular language is necessary for the acceptance or rejection of a claim or for subsequent notices and reports so long as the instruments used clearly convey the necessary information.
Acceptance of Claim and Report of Past Experience with Debtor
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Chapter 11 creditors are not required to file a Proof of Claim because the debtor is required to file a Schedule of Assets and Liabilities.If it is not filed, the Bankruptcy Court will consider the customer's Schedule of Liabilities as accurate and make any distributions accordingly.
§101 (5). A claim may be secured or unsecured. A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.
Under the bankruptcy procedural rules, and except as otherwise provided under those rules, an unsecured creditor must file a proof of claim in order for the unsecured creditor's claim to be allowed.
In Chapter 7, a creditor can file a late claim and the result is the claim is subordinated to timely filed claims. 11 U.S.C. §726(a)(3).at 1193 (However, a secured creditor, who does not wish to participate in a Chapter 13 plan or who fails to file a timely proof of claim, does not forfeit its lien.)
Form 410 provides the official proof of claim. A creditor will need to identify itself and state the debtor's name, the case number, the type of claim, the nature of the debt, and the amount of the debt.They are not required to accept it, though, so a creditor should go through the formal process if possible.
A proof of claim filed by a creditor supersedes a claim filed by the debtor or trustee only if it is timely filed within the 90 days allowed under Rule 3002(c).Under that provision, the debtor or trustee may file proof of a claim if the creditor fails to do so in a timely fashion.
Why Would a Creditor Not File a Proof of Claim?A creditor might not file a proof of claim in your bankruptcy if: you have a no-asset Chapter 7 bankruptcy (meaning you don't have any property the bankruptcy trustee can distribute to your creditors, so they won't get paid) you owe the creditor a very small sum, or.
If one creditor fails to file a timely proof of claim, the amount the debtor must pay is reduced dollar-for-dollar. Not having to pay that debt can result in a lower monthly plan payment, a shorter plan, or both.