Creditors who are subjected to a bankruptcy case are entitled to their share (according to their due priority) of any distribution that may exist. Further, creditors are entitled to have their day in court, and are allowed to object to the debtor’s plan of reorganization in Chapter 13, 11, 12, and 13, and creditors can object to discharge of debt in Chapter 7 and even have their debt deemed nondischargeable in Chapter 7 in certain circumstances.
So, what should a creditor know when they are served with a notice of bankruptcy filing? Initially, cease all telephone calls, billings or law suits that may be pending against the debtor, such actions could be violations of the automatic stay, and subject a creditor to sanctions for actual damages, punitive damages, and even attorneys’ fees of the debtor. After ceasing such conduct, we recommend seeking the advice of an attorney for your particular needs. However, generally, a creditor has the right to file a proof of claim (here is a link to the Northern District of Illinois Proof of Claim Form). If choosing to act without an attorney, please be advised that there are strict deadlines for filing a proof of claim, and the courts generally strictly enforce these deadlines.