November 21, 2018
The Federal Rules of Bankruptcy Procedure set forth a relatively short timeline for creditors to file proofs of claim in chapter 13 bankruptcy cases. These deadlines must be followed closely because they impact whether a creditor may be entitled to a distribution or payment through the chapter 13 plan.
A missed claim deadline can have a significant impact on a chapter 13 case from both the perspective of the creditor, and often times the Debtor. It may be advisable in some cases to file a protective claim on behalf of a creditor who has missed a deadline in order to ensure that a claim may be paid through the chapter 13 process. There are also deadlines for protective claims filed on behalf of a creditor that must be followed closely.
The following are a few important Rule sections regarding claims that should be considered in the chapter 13 process: