Does a Notice of Withdrawal of Proof of Claim means that they can try to collect from me once the bankruptcy is discharged? 16 Answers as of December 12, 2014

I received a letter from a creditor stating Notice of Withdrawal of Proof of Claim without prejudice to re-file at a later date.

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EDWARD P RUSSELL | EDWARD P RUSSELL
All debts will be discharged by the bankruptcy discharge. If the claim refers to a secured claim like a mortgage then the lien against the property will survive the bankruptcy.
Answer Applies to: Minnesota
Replied: 12/12/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
That depends on what type of debt it is. Student loans and domestic support obligations are not discharged. Some tax obligations aren't discharged. If it is a dischargeable debt and you successfully compete your bankruptcy case then the creditor can't collect after the discharge order. What they can do is refile the Proof of Claim before the case concludes.
Answer Applies to: California
Replied: 12/11/2014
Ronald K. Nims LLC | Ronald K. Nims
A proof of claim (POC) is the form creditors file to receive payment in a bankruptcy when there is cash to be distributed, for example in Chapter 13 or those Chapter 7s where the debtor has some assets which the trustee can sell. For some reason, this creditor wanted to take back the POC which it had already filed in my case but it might file an new POC in the future. POC have little to do with the debtor and NOTHING to do with whether the debtor will receive a discharge. It's possible that the debtor might receive some money if few creditors file a POC and there is money left over after all of them have been paid (don't get your hopes up, this is pretty rare).
Answer Applies to: Ohio
Replied: 12/11/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Not necessarily. Without prejudice means that they reserve the right to file a different one. Sometimes proof of claim is withdrawn because it was filed in error. If there was an error in the proof of claim typically the creditor rather than withdrawing the original will file an amended one to correct the mistake. Of course, you as a debtor, have the option to object to any proof of claim, provided of course there is a basis for doing that, such as if the claim is incorrect for some reason.
Answer Applies to: California
Replied: 12/11/2014
Stephens Gourley & Bywater | David A. Stephens
They cannot collect even if they withdraw the claim if it is discharged.
Answer Applies to: Nevada
Replied: 12/11/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They can only re file during the POC filing period. If they file afterwards, you would make motion to dismiss their proof of claim.
    Answer Applies to: New York
    Replied: 12/11/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    No, a notice that the claim has been withdrawn indicates that the creditor does not intend to get paid through the bankruptcy. If the debt is secured, the creditor will be able to repo or foreclose on the property securing it after a discharge has been entered but cannot seek additional money from you as payment on the underlying debt. Only if the property is not eligible to be discharged, such as a tax debt, child support, or alimony, or the creditor successfully brings an adversary action, such as under 11 USC sec 523, will the creditor be able to collect from you personally. Withdrawing the poc has nothing to do with a debt being eligible to be discharged.
    Answer Applies to: Nevada
    Replied: 12/11/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It does not mean they can go after you post bankruptcy. They probably made some type of error that needs to be corrected.
    Answer Applies to: California
    Replied: 12/11/2014
    Idaho Bankruptcy Law | Paul Ross
    As long as you receive your discharge and the debt is dischargeable, the creditor cannot collect against you after bankruptcy. A Proof of Claim is required to receive a payout in your bankruptcy, not to determine dischargeability.
    Answer Applies to: Idaho
    Replied: 12/11/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    No. The withdrawal of a claim does not give a creditor the right to attempt to collect a debt after discharge.
    Answer Applies to: California
    Replied: 12/11/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    No, if they do not take through the Bankruptcy, they can not after same has been discharged try to collect outside.
    Answer Applies to: New Jersey
    Replied: 12/11/2014
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Not to worry. So long as you listed them as a creditor, your discharge will cover their claim (with or without a proof of claim on file).
    Answer Applies to: Wisconsin
    Replied: 12/11/2014
    Benson Law Firm
    Benson Law Firm | David Benson
    Probably not. It may mean the lender made a mistake in the initial proof of claim or counsel isn't sure the debt is actually owed at the time of filing. Either way, it's probably not cause for alarm since there will be no present claim to review. If a new proof of claim isn't filed before the claims deadline, the debt will be discharged without any payment if it is a dischargeable debt (e.g., not a student loan or recent tax obligation). If it is indeed dischargeable, it will be uncollectible under the discharge order and any attempts to pursue it will be actionable on a motion to reopen the case. But I would suggest you discuss all this with your lawyer. This is why you hire one.
    Answer Applies to: Ohio
    Replied: 12/11/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Withdrawing a claim means the creditor does not have a claim.
    Answer Applies to: Nevada
    Replied: 12/11/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    No they can not do that.
    Answer Applies to: New York
    Replied: 12/11/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No, but for your own sake get counsel.
    Answer Applies to: Michigan
    Replied: 12/11/2014
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