PCS Bankruptcy Stay & Proof of Claim 3

Question 1

A debtor files Chapter 7 and lists a medical debt. The creditor is not notified because the debtor forgot to include them. Under the 'no-asset' rule, what typically happens to this debt?

Accepted Answer

It is still discharged in a no-asset case even without notice

Answer

In a no-asset Chapter 7 case, most courts hold that an unscheduled debt is still discharged because there were no assets from which the creditor could have recovered anyway.

Question 2

Which section of the Bankruptcy Code governs the filing and allowance of proofs of claim?

Accepted Answer

11 U.S.C. § 502

Answer

11 U.S.C. § 502 governs the allowance and disallowance of claims against the bankruptcy estate.

Question 3

The co-debtor stay in Chapter 13 protects:

Accepted Answer

Consumer co-debtors (co-signers) from collection on consumer debts

Answer

The co-debtor stay in Chapter 13 (11 U.S.C. § 1301) specifically protects individual co-debtors on consumer debts from collection while the plan is in effect.

Question 4

A creditor receives a discharge injunction violation letter. This means the creditor allegedly continued collecting on a debt that was:

Accepted Answer

Discharged by the bankruptcy court's order

Answer

A discharge injunction replaces the automatic stay after the case closes, permanently prohibiting collection of discharged debts.

Question 5

What information is NOT typically required on a standard proof of claim form (Official Form 410)?

Accepted Answer

The debtor's Social Security number

Answer

A proof of claim requires the creditor's information and claim details, not the debtor's Social Security number, which is a privacy-protected identifier.

(PCS) Professional Collection Specialist Practice Test

(PCS) Professional Collection Specialist Practice Test

PCS Bankruptcy Stay & Proof of Claim 3