How creditors can collect when a consumer files for bankruptcy

On Behalf of | Apr 14, 2023 | Creditors' Rights |

When an individual in Ohio files for bankruptcy, it affects not only the debtor but also their creditors.

It is essential for creditors to understand their rights during the bankruptcy process to protect their interests.

Rights of creditors during bankruptcy

Creditors have several rights during the bankruptcy process, which can vary depending on the specific type of bankruptcy filed. Creditors have the right to file a proof of claim, which is a formal document that outlines the amount and nature of the debt owed by the debtor. This claim establishes the creditor’s right to receive payments from the bankruptcy estate, if available.

Also known as the 341 meeting, the meeting of creditors allows creditors to ask questions about the debtor’s financial situation and the bankruptcy filing. Creditors have the right to attend this meeting and can use it as an opportunity to gather information and protect their interests.

In some cases, creditors may believe that debtors should not have a specific debt discharged through bankruptcy. They have the right to object to the discharge of a particular debt, which can lead to a court hearing to determine whether the courts should not discharge the debt.

How bankruptcy can affect the repayment of debt

The impact of bankruptcy on the repayment of debt depends on the type of bankruptcy filed and the specific debts involved. In a Chapter 7 bankruptcy, the courts liquidate the debtor’s non-exempt assets to repay creditors. Unsecured debts, such as credit card debt and personal loans, are typically discharged. However, secured debts, such as mortgages and car loans, may still be enforceable if the debtor wants to keep the property.

In a Chapter 13 bankruptcy, the debtor proposes a repayment plan to pay back all or a portion of their debts over a three- to five-year period. Creditors typically receive a percentage of what debtors owe them, depending on the debtor’s income and assets.

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