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Thursday, 30 April 2009 18:39
Creditor Representation
A creditor is an individual or business that has a claim against a debtor who has filed a bankruptcy. A claim is a right to a payment or a right to an equitable remedy for a failure of performance. In some instances, a creditor must file a Proof of Claim form along with documentation evidencing the validity and amount of the claim.

In addition to the filing of a Proof of Claim, a creditor may seek to lift the automatic stay in order to proceed with eviction, foreclosure, to force the assumption of executory contracts or unexpired leases, or to challenge the confirmation of a chapter 11 or chapter 13 plan, or to challenge the discharge of a chapter 7 debtor or the dischargeability of a particular debt in a chapter 7 or 11 proceeding.

A creditor should always seek prompt legal advice as to their bankruptcy rights inasmuch as time limits are very short and legal rights may be lost if prompt action is not taken.

Last Updated ( Monday, 18 May 2009 07:07 )
 
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