Creditors must file their claims within 90 days of the date of the meeting of creditors. There are four exceptions to this rule, for which the clerk will give notice:
If a creditor has not filed a proof of claim within the 90-day period, the debtor, trustee or other interested party may file a claim on the creditor’s behalf. If a creditor files a claim thereafter, the creditor’s claim will supersede any claim filed on his or her behalf.Secured creditors have an advantage over unsecured creditors under Chapter 13 proceedings. For a Chapter 13 plan to be confirmed, a secured creditor must:
If the collateral for the claim is exempt property, the lien may be avoidable by motion.Creditors may not vote on the plan, but may object to it.
Areas Served:We handle bankruptcy cases through the mid-Hudson Valley including these counties and communities. Counties: Orange, Dutchess, Rockland, Westchester. Communities: Arlington, Beacon, Haverstraw, Middletown, Monsey, Mount Kisco, New City, Newburgh, Ossining, Peekskill, Poughkeepsie, Spring Valley, Stony Point, Suffern, West Haverstraw.