Does a Notice of Withdrawal of Proof of Claim means that they can try to collect from me once the bankruptcy is discharged? - Bankruptcy Law Questions and Answers- LawQA.com

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Does a Notice of Withdrawal of Proof of Claim means that they can try to collect from me once the bankruptcy is discharged?

I received a letter from a creditor stating Notice of Withdrawal of Proof of Claim without prejudice to re-file at a later date.


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All debts will be discharged by the bankruptcy discharge. If the claim refers to a secured claim like a mortgage then the lien against the property will survive the bankruptcy.

Answer Applies to: Minnesota
Replied: 12/12/2014

Answer By Cate Eranthe
Eranthe Law Firm
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That depends on what type of debt it is. Student loans and domestic support obligations are not discharged. Some tax obligations aren't discharged. If it is a dischargeable debt and you successfully compete your bankruptcy case then the creditor can't collect after the discharge order. What they can do is refile the Proof of Claim before the case concludes.

Answer Applies to: California
Replied: 12/11/2014

Answer By Ronald K. Nims

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A proof of claim (POC) is the form creditors file to receive payment in a bankruptcy when there is cash to be distributed, for example in Chapter 13 or those Chapter 7s where the debtor has some assets which the trustee can sell. For some reason, this creditor wanted to take back the POC which it had already filed in my case but it might file an new POC in the future. POC have little to do with the debtor and NOTHING to do with whether the debtor will receive a discharge. It's possible that the debtor might receive some money if few creditors file a POC and there is money left over after all of them have been paid (don't get your hopes up, this is pretty rare).

Answer Applies to: Ohio
Replied: 12/11/2014

Tokarska Law Center
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Not necessarily. Without prejudice means that they reserve the right to file a different one. Sometimes proof of claim is withdrawn because it was filed in error. If there was an error in the proof of claim typically the creditor rather than withdrawing the original will file an amended one to correct the mistake. Of course, you as a debtor, have the option to object to any proof of claim, provided of course there is a basis for doing that, such as if the claim is incorrect for some reason.

Answer Applies to: California
Replied: 12/11/2014


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They cannot collect even if they withdraw the claim if it is discharged.

Answer Applies to: Nevada
Replied: 12/11/2014

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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They can only re file during the POC filing period. If they file afterwards, you would make motion to dismiss their proof of claim.

Answer Applies to: New York
Replied: 12/11/2014

Answer By Dorothy G Bunce
A Fresh Start
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No, a notice that the claim has been withdrawn indicates that the creditor does not intend to get paid through the bankruptcy. If the debt is secured, the creditor will be able to repo or foreclose on the property securing it after a discharge has been entered but cannot seek additional money from you as payment on the underlying debt. Only if the property is not eligible to be discharged, such as a tax debt, child support, or alimony, or the creditor successfully brings an adversary action, such as under 11 USC sec 523, will the creditor be able to collect from you personally. Withdrawing the poc has nothing to do with a debt being eligible to be discharged.

Answer Applies to: Nevada
Replied: 12/11/2014

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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It does not mean they can go after you post bankruptcy. They probably made some type of error that needs to be corrected.

Answer Applies to: California
Replied: 12/11/2014

Answer By Paul Ross

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As long as you receive your discharge and the debt is dischargeable, the creditor cannot collect against you after bankruptcy. A Proof of Claim is required to receive a payout in your bankruptcy, not to determine dischargeability.

Answer Applies to: Idaho
Replied: 12/11/2014

Answer By Alan E. Ramos
Steele, George, Schofield & Ramos, LLP
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No. The withdrawal of a claim does not give a creditor the right to attempt to collect a debt after discharge.

Answer Applies to: California
Replied: 12/11/2014

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