A company or individual has filed for bankruptcy and owes us money. What do we do?
If you have been listed as a creditor in the bankruptcy case, you will receive a notice in the mail from the Clerk's office advising you of the case filing, the date for the meeting of creditors and any important case deadlines. This notice will also tell you whether or not you should file a claim in the bankruptcy case at that time, and the deadline for filing the claim if one is to be filed. The notice will also give you important deadlines for filing complaints to object to a debtor's discharge or dischargeability of certain debts.
When should I file a proof of claim with the court?
If you receive a notice that sets a deadline for filing claims, you must timely file the proof of claim with the Clerk's office in order to be eligible to participate in any distribution in the case.
In Chapter 11 and 13 cases, the first notice you receive from the Clerk's office will contain a deadline for filing claims. If you want to participate in the debtor's repayment plan, you MUST file a proof of claim by the deadline indicated on the notice. Your claim must be received by this deadline (not mailed by that date).
In a Chapter 7 case, the deadline to file a proof of claim is set in the the first notice you received if it is filed as an asset case. If the case is filed as a no asset case, the trustee will determine if there are assets and a notice will be sent to you. If someone who owes you money has filed bankruptcy, but you have not received a written notice about the bankruptcy, you can submit to the Clerk's office a written Request to be Added to the Creditor Mailing List. Include your mailing address in this request so that the Clerk's office can add you to the creditor list and send you future notices about the debtor's bankruptcy case.
How do I file a proof of claim?
What is a 341 meeting/meeting of creditors?
The Section 341 Meeting, also called the Meeting of Creditors or Creditors’ Meeting, is a meeting that a debtor is required to attend after filing for bankruptcy. The meeting is conducted by the case trustee. The 341 meetings are held at 707 Florida Street, Room 324, Baton Rouge, Louisiana 70801. The debtor will be asked questions about the information contained in the bankruptcy paperwork filed with the court. Creditors are welcome to attend, but are not required to do so.
I am a creditor in a chapter 7 case. How long before I can expect a payment?
The length of time before a dividend is received depends on the circumstances of the individual case because assets must be liquidated and claims evaluated prior to distribution. Creditors should contact the chapter 7 trustee and inquire when he or she expects to issue checks to creditors. The chapter 7 trustee's name and telephone number are on the notice of the section 341 meeting of creditors.
Can I fax documents to the court?
The Clerk of Court’s Office does not accept faxed documents.
How do I amend a proof of claim?
All amended proofs of claim should be filed via the CM/ECF system. Your claim along with any supporting documents, should be scanned and submitted to the court as a pdf document. The Clerk’s office does not accept mailed or faxed amended claims. The claim form may be found here. (link)
How do I withdraw a proof of claim?
All withdrawals of proofs of claim should be filed via the CM/ECF system. Your withdrawal of claim along with any supporting documents, should be scanned and submitted to the court as a pdf document. The Clerk’s office does not accept mailed or faxed withdrawal of claims.
Step By step guide (pdf)
What is a reaffirmation agreement and how is it filed?
If a debtor wishes to reaffirm (agree to pay back) any particular debt, he or she must enter into a written agreement with the creditor, which legally obligates them to pay all or a portion of a dischargeable debt. Reaffirmations are voluntary and not required by law.
All reaffirmation agreements should be filed via the CM/ECF system. The reaffirmation agreement (signed by the creditor, debtor and if the debtor is represented by an attorney, the attorney) should be scanned and submitted to the court as a pdf document. If the debtor’s attorney does not sign the reaffirmation agreement, it will be set for hearing by the court. The Clerk’s office does not accept mailed or faxed reaffirmation agreements. A link to the reaffirmation agreement form may be found here: Form B 240A (pdf).
Do I have to attend a hearing on the reaffirmation agreement?
If the debtor’s attorney does not sign the Reaffirmation Agreement, the Clerk’s office will notice it for hearing. The debtor must attend the hearing. Attendance by the creditor is voluntary.