QUESTION
If I file a proof of claim from a Chapter 13 started in Jan 2011 but I was never notified and not aware will they deny it? Doesn''t seem fair.
Asked on Jul 21st, 2012 on Bankruptcy - Missouri
More details to this question:
My renters owed me a lot of money. She was in the middle of a SSI claim and I knew she would get a settlement. They said they would pay me in full when they got her back pay and I knew it would take a while. They filed Chapter 13 in January 2011 and I was not notified and not aware of this fact at all. They put me on their claim February of 2012. U just found out and am worried about the bar date. Also the proof of claim form only asks for the amount at the time of filing. What about the arrears incurred during the year that I did not know they filed?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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You need to hire a bankruptcy attorney for this. You should file a proof of claim for the prepetition arrearages owed to you. If they have not paid rent since the case was filed, you should also file a request for payment of administrative expense for the post-filing amounts and file a Motion for Relief From the Automatic Stay for permission to commence unlawful detainer proceedings to evict the tenant.
Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr
Answered on Jul 21st, 2012 at 8:50 PM