Legal Question in Bankruptcy in Indiana

Chapter 13

Last year, a neighbor went on vacation and let their dogs run loose in the neighborhood. Their dogs attacked one of our dogs causing $450 in medical expenses.

These neighbors have now filed for chapter 13 bankruptcy and named myself as a creditor.

I have read the documents. It appears that if I do nothing, then I will get nothing. If I file a claim then I will fall under the jurisdiction of the bankruptcy court and whatever they decide is final.

So far they have received no formal invoice, and I have avoided taking them to small claims because, after all, they are a neighbor.

What should I do to protect myself and hold them accountable?


Asked on 5/23/09, 7:32 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Chapter 13

File a proof of claim. The proof of claim lets the court know how much you claim you are owed. The debtor can accept it by doing nothing or can challenge the POC.

In a Chapter 13 bankruptcy, income over and above regular monthly expenses is paid to a trustee. The trustee pays the creditors pro rata. Sometimes unsecured creditors (like you) get 100% of their claim; sometimes they get nothing. If they get any payment, it may be during the later part of a reorganization plan that can go for up to five years.

For a form Proof of Claim, see:

http://www.uscourts.gov/rules/BK_Forms_Pending_2008/B_010_1208v4.pdf

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Answered on 5/23/09, 9:23 pm


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