Legal Question in Bankruptcy in Maryland

Bankruptcy Filed; I'm a creditor; Now what?

I recently filed a civil suit against someone and I was awarded a judgement for a little over $8000. Soon after, the person filed for Chapter 13, and his debt was restructured, and he was orded to pay a monthly payment to the court. What happens next? I am listed as one of the creditors in the bankruptcy filing, but I was only notified of the results of the proceedings? I was never told how I would be repaid, if at all. How do I determine if I get paid, how much, and when???


Asked on 4/24/03, 3:35 pm

2 Answers from Attorneys
Lawrence Holzman Holzman Law Firm, LLC

Re: Bankruptcy Filed; I'm a creditor; Now what?

Creditors need to file a proof of claim in order to get paid -- must do so before the deadline expires. The original notice from the bankruptcy court in a chapter 13 case usually has the claim form attached; if you don't have it, you can download one from the web site of the many of the bankruptcy courts;

then, if proof of claim is filed properly and timely, and there is no sustained objection to the claims, then claim will be paid according to the terms of the confirmed plan.

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Answered on 4/24/03, 3:52 pm
Daniel Press Chung & Press, P.C.

Re: Bankruptcy Filed; I'm a creditor; Now what?

You need to file a proof of claim before the deadline for filing. You will then be paid by the Chapter 13 trustee from money paid over time by the debtor, in full or in part as determined in the plan. You may want to have a lawyer review the plan and assist in preparing your proof of claim.

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Answered on 4/24/03, 3:53 pm


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