Wilson C. Pasley is a reputable Roanoke, Virginia filing proof of claims lawyer. He is ready to help you with your filing proof of claims legal needs. With five years of courtroom experience and having prosecuted over 1000 cases, Attorney Wilson C. Pasley will provide the legal expertise to help guide you through your filing proof of claims case.

Filing a Proof of Claim

A Proof of Claim in Virginia needs to be filed within 90 days of the debtor's meetings with creditors (banks or credit card companies, for example). Creditors have to give the debtor about 100 days before they have a meeting with the debtor (called a "341 meeting"). The debtor, is not responsible for filing the Proof of Claim forms. Instead, it is the creditors' responsibility to file the claim in court. If they don't do this on time, they will lose any right to a distribution from the bankruptcy estate.

A proof of claim is a written document setting forth a creditor's claim. There is an official form for filing proofs of claim that complies with the Bankruptcy Code and Rules. The deadline for filing proofs of claim is fixed by a Bankruptcy Court.

The simplest way for creditors to protect their rights in bankruptcy cases is by properly filing a proof of claim. Usually, an unsecured creditor must file a proof of claim for the claim to be allowed in court. Proofs of claim must conform to the Official Form 10. The creditor or the creditor’s agent must sign the proof of claim.

Common mistakes in filing a proof of claim:

• Misuse of check boxes
• Failure to provide proof of perfection of security interest
• Improper claim of priority status
• Late filed claims
• Failure to indicate amended claim

If you need help filing a proof of claim please contact Roanoke, Virginia Attorney at Law Wilson C. Pasley.