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Old 04-17-2006, 02:34 PM
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Question Question about Proof of Claim

My husband and I filed bankruptcy last July and appeared in court in November. In January, we received a letter stating that we needed to provide all documentation from our 2005 income tax and thereafter received another letter stating the court would be entitled to just over 3/4 of the refund we were to receive. Today, I received paperwork titled NOTICE FIXING TIME FOR FILING CLAIMS - Pursuant to Bank. R. 3002 (c)(5), creditors are hereby notified that a dividend now appears possible in this case. Enclosed was a Proof of Claim form. There is no letter explaining this paperwork to me so I am not sure what it means. We had a legal aide do our bankruptcy paperwork for us and he is unavailable to answer my questions right now and the courthouse is closed. Can anyone explain this to me in layman's terms? I would greatly appreciate it.
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Old 04-18-2006, 07:51 AM
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Creditors are given a specified time line in which to file proof of their claim for money. If the time line expires before they file, they are bound by federal law. They are not permited contact you. In your case, send all related information to the trustees office certified return receipt immediately. Report all activities, including that of your lost attorney. Don't wait.
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Old 04-18-2006, 10:11 AM
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Quote:
Originally Posted by rsw120
Creditors are given a specified time line in which to file proof of their claim for money. If the time line expires before they file, they are bound by federal law. They are not permited contact you. In your case, send all related information to the trustees office certified return receipt immediately. Report all activities, including that of your lost attorney. Don't wait.
I don't know what you mean by related information. Everything was turned in when we did the bankruptcy paperwork and then additional information prior to our court date. If this Proof of Claim so that creditors may be able to obtain some of the money they took from our income tax refund? No one that we filed bankrupcty against have contacted us in any way. Also, what does that mean as far as lost attorney. We didn't have an attorney when we filed, a retired attorney from another state helped us with the paperwork but that is all. He isn't a practicing attorney in FL. I said a paralegal aide, but retired attorney is a better description of him. Sorry for the confusion.
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Old 04-18-2006, 06:51 PM
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Locate a Legal Aide office in your city. You will need an attorney to handle this for you. Keep good records. Notice has been sent to creditors that there may be some money available.

legalranks.com (free legal advice)?
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Old 04-19-2006, 08:01 AM
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Thank you for your help. I was able to contact someone at the Clerk of Courts office. The Proof of Claim I received is just a copy of what was sent to all the creditors listed in my bankruptcy and, if any of them submit the Proof of Claim, they may be entitled to a portion of the moneys obtained from my income tax refund. She said I don't need to fill it out, only creditors do and it was just basically a cc copy sent to all parties associated.
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Old 04-19-2006, 07:58 PM
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Thank you for your reply. I'm glad to know all will be well. Sorry they might take up to 75% of your money. But at least you are clear and have peace of mind now. Dave Ramsey has much to say about these things. Search daveramsey.com if you have an interest.
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