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A company or person who owes us money has filed bankruptcy. What do we do?

The automatic stay in bankruptcy prohibits most creditors from taking any action to enforce a debt, even if the debt or the creditor are not included in the schedules.  The automatic stay is complex, and creditors should consult an attorney before proceeding. 

If you have been listed as a creditor in a bankruptcy case and if the case is an “asset” case, you will receive a notice of the deadline for filing a proof of claim. All chapter 11, 12 and 13 cases are “asset” cases.

Most chapter 7 cases are considered to be “no asset” cases in the beginning and are not determined to be asset cases until after the trustee has had an opportunity to examine the debtor(s) at the Meeting of Creditors. If and when the trustee determines the case to be an asset case, the court will send a notice of the deadline to file claims to all the creditors listed in the case.

To file a proof of claim (ePOC), click here.

For Creditor