Wyoming Bankruptcy Lawyer - Bankruptcy Attorney

What does it mean if a case is dismissed?

A dismissal order ends the case before a discharge order enters. When the Court dismisses the case, the "automatic stay" ends, and therefore creditors may start to collect debts again. An order of dismissal does not free the debtor from any debt. The most common reasons for dismissing a case are that the debtor has failed to do something the debtor must do (such as appear for the creditors' meeting, answer the trustee's questions honestly, produce books and records the trustee requests) or that it is in the best interests of the creditors to dismiss the case. Unless the debtor appeals the order or seeks reconsideration of the order of dismissal, the Clerk will automatically close the case.

What are claims and claims objections? How are claims filed?

Claims: In the broadest sense, a claim is any right to payment held by a person or company against the debtor and the bankruptcy estate. A claim does not have to be past due but can include sums which will come due in the future. In filling out the Schedules, debtors should include any debts owed, whether they are already due or will become due only in the future.

Claims Objections: You are entitled to object to any claim filed in your bankruptcy case if you believe the debt is not owed or if you believe the claim misrepresents the amount or kind of debt (e.g. secured or priority) which you owe. In some circumstances, an objection to claim can be initiated by filing an objection to the claim in the bankruptcy court; in other circumstances, it must be initiated by filing an adversary proceeding (like a lawsuit in your bankruptcy case). If you anticipate objecting to claims, you should seek the advice of an attorney as soon as possible because the objection process can be complicated and time sensitive.

Filing of Claims: The written statement filed in a bankruptcy case setting forth a creditor's claim is called a proof of claim. The proof of claim should include a copy of the documents on which the claim is based; if the claim is secured, the proof of claim should also include evidence of the secured status of the debt. With limited exceptions, a creditor (other than a governmental unit) in chapter 7, 12, or 13 case must file a proof of claim within ninety (90) days after the first date set for the meeting of creditors. If a creditor files a claim after the specified deadline, the debtor may object to the claim as being untimely filed.

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