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Payment of Allowed Claim

Once priority claims are paid off, allowed claims are paid next. When unsecured creditors receive a bankruptcy notice they must file a proof of claim with the bankruptcy court.  The proof of claim can be accepted or challenged by the debtor.  The court decides which claims are to be allowed.  All allowed claims are entitled for a share of the money paid into the bankruptcy plan.

In order to get paid, all unsecured creditors need to file proofs of claim within 90 days after the date set for the meeting of creditors.  Usually, the Court holds confirmation hearings between 20 and 45 days after the first meeting of creditors.  If the debtor wishes to pay an unfilled claim, a claim can be filed for that creditor within 30 days after the deadline for filing the proof of claim.

The bankruptcy plan should account for all secured creditors being paid in full.  However, in-full payments need not include long term debts such as mortgage and child support owed to a government agency.  The plan should also include partial payment to all unsecured and non-priority creditors.  Such payments vary in accordance to the debtor’s disposable income.

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