A proof of claim does not stop a bankruptcy filing. It is for asset cases so you can get a portion of any money paid out to creditors. Most chapter 7 cases are no asset. Look at the bankruptcy notice and it will tell you if it is an asset case and when the deadline for proof of claims is. Does she owe you any money? If the answer is no, then there is no reason for you to file a proof of claim.

Answer Applies to: California
Replied: 9/19/2011

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A creditor files a proof of claim to alert the bankruptcy court to an debt that was not reported or was not accurately reported in the bankruptcy filing.

Answer Applies to: Texas
Replied: 9/16/2011

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A proof of claim is used by a creditor to establish a right to distribution. You are not a creditor, you are a co-debtor. You can't stop you ex from filing a Bankruptcy. If you have the car keep making the payments if you want to keep the car. When one ex files Bankruptcy it is very common to see the other ex file as well.

Answer Applies to: Colorado
Replied: 9/16/2011

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I think you are confused about what a bankruptcy is. You should probably contact a local bankruptcy lawyer to discuss your situation.

Answer Applies to: Florida
Replied: 9/15/2011

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A proof of claim will not stop her bankruptcy. If you don't want your credit ruined you will have to make the car payments if she quits making them. (and where did you get the idea that a proof of claim would stop her bankruptcy????)

Answer Applies to: California
Replied: 9/15/2011

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You may have a cross over into divorce law with this. If your wife was ordered to pay for the car in your divorce judgment then she will be required to pay for the car. However if she is filing a chapter 7 and intends to keep the car current and pay for it you may not be able to do anything. Without more info this is the best I can do.

Answer Applies to: California
Replied: 9/15/2011

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You should seek counsel from an attorney. If your ex wife owes you money, you can file a claim, but you can't file a claim to stp her from discharging a dischargable debt to you or anyone else.

Answer Applies to: Indiana
Replied: 9/15/2011

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Proof of claims do not stop a bankruptcy.

Answer Applies to: Colorado
Replied: 9/15/2011

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A proof of claim will not stop her bankruptcy. If you believe that there is something fraudulent about her bankruptcy filing then that is something to take up with the US Trustee.

Answer Applies to: Oregon
Replied: 9/15/2011

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You cannot stop her from filing - legally. And, you will be on the hook for the auto loan. You may have some relief in divorce court if she is discharging debts the she was to pay under the divorce and that will now fall on you.

Answer Applies to: Mississippi
Replied: 9/15/2011

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You can file a proof of claim quite easily in your wifes bankruptcy case. There is a form available on the Courts website, and if the case is an asset case it will most likely be mailed to you if you are a creditor, or as in your case a co-obligor on certain of her debts. *HOWEVER*, filing a proof of claim will not stop your wifes bankruptcy, nor will it keep her from discharging the debt she owes under the auto loan. In order to stop a debtor from discharging a debt, you must file an adversary proceeding (i.e., a lawsuit within the bankruptcy case) in which you object to her discharge or the dischargeability of the specific debt. Im not sure if you will have grounds to do so however. You should consult with your divorce attorney to determine what your rights are with respect to the debt in question.

Answer Applies to: Massachusetts
Replied: 9/15/2011

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A proof of claim nor anything else can stop your wife from filing bankruptcy.

Answer Applies to: Michigan
Replied: 9/15/2011

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You can get the forms from your local bankruptcy clerk.

Answer Applies to: Michigan
Replied: 9/15/2011

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I am not clear what you are asking. A Proof of Claim is essentially a request for payment by a creditor from whatever assets the trustee may acquire. In most Chapter 7 cases, the trustee does not receive any assets to pay to creditors, so a Proof Of Claim probably will not get you anything as you will receive no payment. If the divorce decree states she was responsible for the car payment and is no longer going to continue to make the payments, then you can bring an adversary proceeding in her bankruptcy case objecting to her discharging the debt to you as debts to a former spouse under a divorce degree can be non-dischargeable. Then, to the extent you have to make the payments she fails to make, she is liable to you and that debt is not discharged in bankruptcy. You may want to discuss this with a bankruptcy attorney to see if you can file the adversary proceeding based on your circumstances.

Answer Applies to: California
Replied: 9/14/2011

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If youre wife wants to file for bankruptcy, you cant stop her. And theres no such thing as someone filing a bankruptcy against you, unless its an involuntary bankruptcy (and it sounds like this isnt). If youre wife is filing for bankruptcy, she is obligated to disclose that she has an auto loan and whether anyone else is also named on that auto loan. It doesnt mean youre filing for bankruptcy. Furthermore, even if you object to your wife filing for bankruptcy, thats not what a proof of claim is for. If your wife owes you a debt and you want to tell the court about it, thats why you would file a proof of claim. Its a way of saying My wife owes me $x. If theres any money coming out of this bankruptcy, I want my cut.

Answer Applies to: California
Replied: 9/14/2011

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A proof of claim will not stop her from filing bankruptcy. In fact, there is nothing you can do to prevent her from discharging the debt.

Answer Applies to: Colorado
Replied: 9/14/2011

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You cannot stop someone from filing for bankruptcy. If you have a valid claim against someone who files bankruptcy then you can submit a proof of claim. However, it sounds like you are a co-signors on a car - in that case what is likely to happen is that your wife will be discharged from the car loan and you will remain liable if you are not included in the bankruptcy.

Answer Applies to: California
Replied: 9/14/2011

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You cannot stop her from filing. However, if the divorce papers say she must pay the debt, you may have remedies against her after she files, and need to get counsel immediately. You do NOT do it by a mere proof of claim, but by an adversary proceeding.

Answer Applies to: Georgia
Replied: 9/14/2011

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Filing a proof of claim will not stop her of her Chapter 7. A proof of claim in a Chapter 7 is filed in an asset case. If you have the car and want to keep the vehicle contact the finance company. If she has the car and you are on the loan then you will owe the creditor after the filing.

Answer Applies to: California
Replied: 9/14/2011

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