FREQUENTLY ASKED QUESTIONS

[ General ] [ Debtor ] [ Creditor ]

Disclaimer: While the information presented is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a bankruptcy attorney. Please also refer to the United States Code ( you will need to enter "11" under "Title" and the number of the section you want to see under "Section"), the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure and the Local Bankruptcy Rules for the United States Bankruptcy Court for the District of Colorado. Finally, if you do not understand terms used in these questions and responses, many of them are defined in Bankruptcy Basics issued by the Administrative Office of the Courts.
Click here to view the Bankruptcy Basics Video in English.
Click here to view the Bankruptcy Basics Video in Spanish.

Please be advised that deadlines in bankruptcy are extremely important and the failure to observe them or to act timely can jeopardize your rights, claims or interests in the case.

Some of the responses to these questions vary depending upon whether your case was filed before October 17, 2005, the effective date for most of the changes to the Bankruptcy Code. Where there are notations of date specific responses, apply the response that corresponds to when your case was filed.

Please be aware that through January 20, 2006, 81% of the cases dismissed under the new provisions of the Bankruptcy Code were filed by debtors who did not have an attorney.

The Court staff cannot give legal advice under Title 28 U.S.C. Section 955.

The Clerk's office CANNOT

Creditor Frequently Asked Questions

1. Am I required to attend the Meeting of Creditors?
2. What is a claim and how do I file one? What is an Objection to Claim?
3. Is there a deadline for filing a Proof of Claim?
4. My ex-spouse has filed bankruptcy and listed me as a co-debtor on a debt. Does my divorce decree protect me from having to pay?
5. I am a creditor in a Chapter 7 case. When can I expect payment?
6. I received a notice and summary of the Trustee's Final Report and Accounting. How long will it be before I receive payment on my claim?
7. I am a creditor in a case that converted to another chapter. Do I have to file another Proof of Claim?
8. How do I file a Motion for Relief From Stay?
9. Why is the bankruptcy case closed if my adversary case is still going on?
10. I am a child support creditor. How can I find out if my debt is nondischargeable?
11. A company or individual has filed bankruptcy and owes me money. What can I do?
12. How do I find out if I am listed as a creditor in a case?
13. Why did I received this notice? I have no knowledge of this person or company?
14. I am a creditor in a Chapter 11 case and the plan of reorganization has been approved. When will payments begin?
15. Whom do I notify about a possible fraudulent bankruptcy filing?
16. I am a creditor. What should I do if my address changes from the address on my Proof of Claim?
17. What is an Adversary Proceeding?
18. How do I know when the deadline is to object to a Debtor's discharge or the dischargeability of a debt owed to me by the Debtor?
19. How do I object to a Debtor's General Discharge or the discharge of a debt owed by the Debtor to me?
20. What is an Automatic Stay?
21. What is a transfer/assignment of claim?

1. Am I required to attend the Meeting of Creditors?

You are not required, as a creditor, to attend the meeting of creditors, although the debtor must attend the meeting. You may choose to attend and may ask some questions. You may wish to seek the assistance of legal counsel depending upon the nature of your questions or issues with the debtor. If you need to make detailed inquiry of the debtor, the presiding officer at the meeting of creditors may ask you to seek permission for a Fed. R. Bankr. P. 2004 examination.
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2. What is a claim and how do I file one? What is an Objection to Claim?

A claim is any right to payment held by a person or entity against a person or entity that files bankruptcy. The written statement filed in a bankruptcy case setting forth a creditor’s claim is called a proof of claim. The proof of claim should include a copy of the documentation giving rise to the claim, as well as evidence of secured status if the claim is secured. In certain cases, the notice of meeting of creditors sent to all creditors listed has a proof of claim form, or you can get one from the Clerk’s Office or from the Court’s website. You file a claim by mailing it to the Court’s address or delivering it in person to the Court.

An objection to a claim is sometimes initiated by filing a motion, and sometimes by filing an adversary proceeding. The creditor and other interested parties receive notice of the objection, with an opportunity to respond. If the matter cannot be resolved by the parties, the Court may set a hearing.

The United States Bankruptcy Court for the District of Colorado is pleased to announce a new online claims submission feature. If you are a creditor (the person who is owed money in a bankruptcy case) and are not represented by an attorney, you may now be able to file a Proof of Claim and upload PDF attachments via this easy to use online form. Please Click here for the Online Proof of Claim Instructions
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3. Is there a deadline for filing a Proof of Claim?

In a Chapter 7 case filed in Colorado, if the case trustee files a Notice of Possible Dividends, you will be sent a notice of the deadline (bar date) by which a claim is due.

In Chapter 9 and 11 cases, creditors will receive a specific notice of the deadline (bar date) by which a claim is due.

In a Chapter 13 case, the deadline (bar date) for creditors who have claims against the debtor should be stated in the Notice of the Meeting of Creditors. The date should be no more than ninety days after the first date set for the Meeting of Creditors.

In a Chapter 12 case, the deadline (bar date) for creditors who have claims against the debtor should be noted in the Notice of Meeting of Creditors. The date should be no more than ninety days after the first date set for the Meeting of Creditors.
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4. My ex-spouse has filed bankruptcy and listed me as a co-debtor on a debt. Does my divorce decree protect me from having to pay?

Not necessarily. If you are liable with your ex-spouse on a debt, you should talk to an attorney for a thorough explanation of your rights and obligations, as soon as you find out your ex-spouse has filed a bankruptcy petition. Some of the provisions dealing with obligations from a dissolution of marriage proceeding are found at 11 U.S.C. § 523(a)(5) and (15), be mindful or the corresponding deadlines for filing complaints relating to certain obligations arising from a dissolution of marriage. Click here to view Section 523.
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5. I am a creditor in a Chapter 7 case. When can I expect payment?

Each case is different. First, there must have been a Notice of Possible Dividends issued in the case to which you timely filed a proof of claim. Several months after the deadline to file claims has passed you may contact the Chapter 7 trustee and ask when the trustee anticipates making payments to creditors. Remember that in more complex cases or cases involving litigation, there may be many months of delay before payments may be made to creditors. The Chapter 7 trustee’s contact information is on the notice of the meeting of creditors.

If you do not believe that the trustee is properly administering the case and have contacted the trustee without satisfactory response, provide the United States Trustee with a written explanation of your concerns at: 999 18th St., Ste. 1551, Denver, CO 80202.
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6. I received a notice and summary of the Trustee's Final Report and Accounting. How long will it be before I receive payment on my claim?

Once a trustee has sent out the Final Report and Accounting, the Court allows time for possible objections, and, if an objection is filed, may set a hearing. If the objection is resolved or the Final Report is otherwise approved, the trustee may then make distributions to creditors. Generally, trustees distribute funds to creditors six to eight weeks after they send out the notice of the Final Report and Accounting, but that period may be longer. If you have questions, contact the Chapter 7 trustee.
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7. I am a creditor in a case that converted to another chapter. Do I have to file another Proof of Claim?

No. Once you have filed a proof of claim, you do not need to re-file it if the case converts to another chapter.
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8. How do I file a Motion for Relief From Stay?

You must file a motion stating grounds for relief from stay under 11 U.S.C. §362, pursuant to Federal Rules of Bankruptcy Procedure 4001 and Local Bankruptcy Rule 4001. A $176 filing fee must accompany the motion. Obtaining the assistance of an attorney is strongly recommended. Businesses or other entities, other than a sole proprietorship, must retain counsel to file a motion for relief from stay. For information on the Verification of Military Status, see also Verification of Military Status.
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9. Why is the bankruptcy case closed if my adversary case is still going on?

The court does not necessarily lose jurisdiction to hear disputes simply because the bankruptcy case has been administratively closed. A Chapter 7 debtor can be discharged and the case closed while a Section 523 complaint is pending because the discharge will not apply to those debts for which a Section 523 complaint is granted in favor of the plaintiff.
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10. I am a child support creditor. How can I find out if my debt is nondischargeable?

Child support debts are excepted from discharge. If you and the debtor disagree about the nature of the debt, you may, by commencing an adversary proceeding, paying the filing fee of $293, and filing an appropriate complaint, and serving it under the Bankruptcy Rules, ask the Court to determine whether your debt is nondischargeable. These matters are complex, so consulting an attorney is strongly recommended. See 11 U.S.C. § 523(a)(5).
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11. A company or individual has filed bankruptcy and owes me money. What can I do?

In most cases, you need to file a proof of claim, but the specific answer depends on many factors (the specific Chapter of bankruptcy case, etc.). You should consult an attorney about how best to protect your interests.
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12. How do I find out if I am listed as a creditor in a case?

If you received a Notice of Commencement of Case, or a notice of the meeting of creditors, you are listed as a creditor. You may also consult PACER or VCIS (see General Frequently Asked Questions on getting information about a case), or visit the Court in person to view the record of the case.
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13. Why did I received this notice? I have no knowledge of this person or company?

You were named as a creditor in this case and probably listed on the debtor’s schedules. If you feel you were notified in error you can contact the debtor’s attorney, but it is not necessary for you to do anything if you are not a creditor.
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14. I am a creditor in a Chapter 11 case and the plan of reorganization has been approved. When will payments begin?

Each specific plan has different provisions pertaining to the time and amounts of creditor payments. Read the plan. If you have questions, consult your attorney, or call the debtor’s attorney and ask him when your class of creditors will be paid.
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15. Whom do I notify about a possible fraudulent bankruptcy filing?

You should notify the trustee in the case and call or write to the United States Trustee at (303) 312-7230 or 999 18th St., Ste. 1551, Denver, CO 80202. Members of the public can now report suspected bankruptcy fraud via e-mail to USTP.Bankruptcy.Fraud@usdoj.gov

The DOJ's Executive Office of US Trustees (EOUST) has launched an Internet hotline to allow the public to report suspected instances of bankruptcy fraud. Please click here to visit the Department of Justice Bankruptcy Fraud Hotline.

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16. I am a creditor. What should I do if my address changes from the address on my Proof of Claim?

You should file a change of address/entry of appearance form with the Court. This form can be found on the Court’s website, and should also be sent to the case trustee.
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17. What is an Adversary Proceeding?

An adversary proceeding is a lawsuit arising in or related to a particular bankruptcy case. It is commenced by filing a Complaint with the Court, and is given a separate proceeding number. The Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules state which actions must be brought as adversary proceedings, and the rules and procedures pertaining to adversary proceedings. Adversary proceedings are extremely complex, so you are strongly urged to consult with a bankruptcy attorney.
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18. How do I know when the deadline is to object to a Debtor's discharge or the dischargeability of a debt owed to me by the Debtor?

The deadline to object to the discharge of many types of debts and to the debtor’s general discharge is set forth on the Notice of Meeting of Creditors issued at the beginning of the debtor’s case.
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19. How do I object to a Debtor's General Discharge or the discharge of a debt owed by the Debtor to me?

An objection to discharge and/or the determination of dischargeability of a debt are adversary proceedings initiated by timely filing a lawsuit and the payment of a filing fee. If you have an issue related to either an objection to discharge and/or the determination of dischargeability of a particular debt, you are encouraged to consult with a competent bankruptcy attorney.
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20. What is an Automatic Stay?

The automatic stay prohibits most actions to collect money or property from the debtor. The automatic stay goes into effect at the start of a bankruptcy case and continues as to the debtor’s property until the property is either no longer property of the estate; or as to the debtor, it continues until the case is closed or dismissed and the debtor is either granted or denied a discharge. Obtaining the assistance of an attorney is strongly recommended before you continue efforts to collect money owed or property from the debtor because if you violate the stay, you may be liable to pay damages.
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21. What is a transfer/assignment of claim?

A transfer of claim is governed by FRBP Rule 3001(e)(2), the procedure to be followed when a creditor that has filed a proof of claim in a case sells or otherwise transfers its claim to another entity. Rule 3001(e)(2) requires the transferee to file evidence of the transfer and further requires the clerk to notify the alleged transferor by mail of the filing of the evidence of transfer. The notice sent by the clerk also must state that any objection must be filed within 21 days from the date the notice is mailed. No notice is required if the Transferor and the Transferee waive this requirement by attaching the supporting documentation when the Transfer of Claim is filed.

This filing requires a $25.00 fee for each assignment. Official Form B210A "Transfer of Claim Other Than for Security" and Form 210B " Notice of Transfer of Claim Other than for Security" can located at http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx.

The fee will be assessed by bankruptcy courts upon the filing of the claim transfer, whether filed by a transferee or transferor. It will apply to Amended and Partial claims transfers as well. In the event multiple claims transfers are filed at one time by one entity the $25 fee will be charged for each individual claim transferred. This fee also applies to paper filed transfers as well.
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U.S. Bankruptcy Court - District of Colorado - Creditor FAQs