Creditor Information

Creditor Disbursements
Disbursement checks are printed on the 3rd Friday of the month.

Disbursement checks are mailed within five business days of the 3rd Friday of the month.

*If a creditor returns a disbursement check to the Trustee, the check should be mailed to Lydia S. Meyer, Trustee, P.O. Box 926, Rockford, IL  61105-0926.

 

CLAIMS

Proof of Claim
An unsecured or priority creditor must file a proof of claim form with the Bankruptcy court before the creditor is entitled to receive payment under a Chapter 13 plan.  A proof of claim form is provided to each creditor with the notification of the bankruptcy filing.  If you are in need of another Proof of Claim form (B10), click here.

If the claim is for a secured or priority creditor, the creditor must attach all documents necessary to support the classification of the claim.  Although generally creditors file the proof of claim, a debtor may file a claim for a non-filing, pre-petition creditor.

Bar Dates:  A proof of claim must be filed by creditors within 90 days from the date first set for the Section 341 First Meeting of Creditors (not the date that the Section 341 First Meeting of Creditors is actually held).  Governmental units must file their claims within 180 days from the date the petition is filed with the Bankruptcy Court.

The Trustee will pay unsecured and priority claims based upon the filed and allowed Proof of Claim and not based on how the claim was scheduled.  If the debtor objects to a claim, the objection must be filed with the Bankruptcy Court and served on the creditor or creditor’s attorney.

The Trustee will pay secured claims as outlined in the confirmed plan.  A secured creditor should file an Objection to Confirmation if they believe their secured claim should be treated differently.  A creditor may raise an issue of valuation by Objection to Confirmation.  Any objection to confirmation filed by a creditor must be served on the debtor, the debtor’s attorney and any other interested party. 

The debtor and debtor’s attorney shall receive a Notice of Intent to Pay Claims.  This Notice is prepared by the Trustee’s office approximately 200 days after the filing of the bankruptcy.  It provides a list of all claims that the Trustee proposes to pay.

A list of creditors to be paid can also be viewed on the Trustee’s website www.trustee13.com or the NDC website www.13datacenter.com.  See Access of Case Information tab.

The debtor should review all claims that shall be paid and advise their attorney if they believe an Objection to a claim should be filed.

If an objection to a claim is filed and the Trustee receives a copy of the objection, the Trustee will not make a distribution to that creditor until the issue is resolved by the Bankruptcy Court.  The Trustee should receive a copy of any objection filed with the Bankruptcy Court electronically.  It is advisable that any objection to a proof of claim be filed as soon as possible after the filing of the proof of claim.

The Trustee’s office makes disbursements to creditors monthly in confirmed plans where the creditors have filed claims and those claims have been allowed.  The order in which disbursements are made depends upon the categorization of the claims – administrative, secured, priority unsecured, general unsecured – upon the funds available in the case for each class of creditors, and upon the terms of the Confirmed Chapter 13 plan.

Trustee’s fees are calculated based on amount received by the Trustee and these fees shall be paid at each monthly disbursement.

Late Filed Claims
Generally, creditors have 90 days after the date first set for your Section 341 First Meeting of Creditors to file their claims for payment under your Chapter 13 plan.  Governmental entities have 180 days from the date your petition was filed to file their claims.  These dates are called “bar dates.”  Both bar dates will be listed on the Notice of Chapter 13 Bankruptcy Case that is sent out a the beginning of a Chapter 13.

Generally, creditors filing claims after the “bar date” shall not be entitled to payment of their claims.  The trustee will object to the late-filed claims.

 

This website is for informational purposes only.  The Office of the Chapter Trustee does not render legal advice.  If you have a legal question concerning a Chapter 13 bankruptcy, please contact your attorney.