No asset ch 7 with claims

[rdifolco]

Just so I know. I would have to assume the creditors need to file claims to cover their own butts but its a mute point in a decided no asset chapter 7 right? 341 meeting was 2 weeks ago and pacer updated with trustee abonded all assets and definded the case as No asset.

Thanks

[keepmine]

When I filed, {pre bk reform} I got a copy of a letter my trustee sent my creditors instructing them not to file a claim until he determined there were any assets.

[HHM]

If the case is designated a no asset case, creditors do not file proof of claims.

There are 2 possible notices a creditor receives in BK

1st: the Notice of 341 Meeting. ALL creditors receive this notice. This is what is prepared and sent as soon as you file BK. It serves as both the Notice of BK, and Notice of the 341 Meeting.

2nd: IF, your case is designated an asset case, the trustee will send a "Request for Proof of Claims" to all creditors.

[FreshLikeADaisy]

Keepmine, it's still the same. Form 9 (Notice of 341 Meeting of Creditors) that the court sends to everyone listed on your matrix varies according to whether the filing is asset or no asset (according to the boxes checked on the voluntary petition; the final determination is made by the trustee later). Form 9A gets sent to Chapter 7 No Asset creditors and instructs creditors NOT to file a claim unless notified by the trustee to do so, while Form 9C gets sent to Chapter 7 Asset creditors and notifies them of the deadlines by which they have to file a claim.

In rdifolco's case, he filed no asset and the trustee confirmed that, so there's not going to be any claims filed by a creditor. However, a creditor can file an objection to discharge at any time until the waiting period is up (60 days from 341).

[FreshLikeADaisy]

Heh, I guess we were posting at the same time.

[rdifolco]

So should I just ignore the claims or bring it up with my lawyer? Both claims are no priority unsecured claims. Seems weird unless they didn't know it was going to be non asset and wanted to get their claims in before the trustee state no asset.

[FreshLikeADaisy]

So should I just ignore the claims or bring it up with my lawyer? Both claims are no priority unsecured claims. Seems weird unless they didn't know it was going to be non asset and wanted to get their claims in before the trustee state no asset.

Well, anything "legal" you get from a creditor in bankruptcy you should give to your attorney, so go ahead and do that, but...

Are you sure they're claims and not objections?

The thing about it is that your creditors knew it was no asset from the day that you filed: remember all those little check boxes on the very first page of your filing? And "no asset" would also be how it is listed in PACER. Creditors can object to your exemptions, they can object to your discharge, they can object to the color of your undies if they know it, but the claim thing I don't understand at all. Good luck!

[CATCHMEIFYOUCAN]

Well I HAD a no asset case when I filed Ch13 and converted to Ch7. The Trustee turned my Ch7 into an asset case, all the creditors were asked to file a claim (JUST IN CASE the Trustee found what he was looking for) in the end I never knew what he was looking for.

Catchmeifyoucan

[genseeker]

When we filed Merrick Bank filed claims on each of us, even though the BK notice indicated we were no asset.