You should always confirm your claim by filing a claim form with the bankruptcy court. It confirms the amount you're owed. If the amount differs from the amount that the company has on file, you may need an attorney at some point, because if the company contests or disagrees with your claim, the company could submit to the court to wipe out the entire amount or partial amount.
No, Generally, they must file a "proof of claim", which can be done by mail...but that is about all.
No, a creditor is required to file a claim if seeking payment, otherwise that claim is considered waived. So in this case. if there was no claim, then it was waived and the debt discharged. But even if it was filed, it would have been discharged in the business BK.
Sure
1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases. 1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs. 2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases.
A judge or court may sometimes expunge a claim in bankruptcy court. This means that the claim is erased, as if it never happened.
The first step is to talk with a bankruptcy attorney, then fill out the appropriate paperwork and file it with a bankruptcy court.
Bankruptcy can be filed at the Bankruptcy court for the area you are in. For instance in Northern Florida, it's the Florida Northern District Bankruptcy Court.
You might be able to file bankruptcy individually, but the bankruptcy trustee will scrutinize joint assets and income to determine whether they must be included in your individual filing. Therefor, there may be more reasons that the bankruptcy trustee would determine as cause to dismiss your bankruptcy claim. Note that if rejection of your bankruptcy claim is upheld by the bankruptcy court, actually your have only lost your time and expenses to file that particular bankruptcy claim. An excellent book for detailed perspective on filing chapter 7 or chapter 13 bankruptcy: "The New Bankruptcy, will it work for You?" 3rd edition (published in 2009 by Nolo), by Stephen Elias. I found this book in the Colorado Springs public library under 346.078 E42N (Dewey decimal).
In a U.S. Bankruptcy Court
You should file a 'proof of claim" with the bankruptcy court and take you place in line to be paid...whcih will likely be a few pennies on the dollar.
File a proof of claim
Yes you will need an attorney to file for bankruptcy and deal with the court. As an individual you will not be able to schedule hearings, etc as necessary to do the bankruptcy.