Legal Question in Bankruptcy in Kansas

My brother borrowed a large sum of money from me 4 years ago. After months of excuses from him regarding repaying me, he cut all communication with me. I tried calling, sending emails, etc., to no avail. I recently did a background check on him and found out he filed for bankruptcy in January of this year. I gathered my last email from him, got a copy of the wire transfer to him and filled out a Proof of Claim. I called the Kansas City court and spoke to a clerk who told me that my brother did not list me as a creditor. My question is this: is there a time limit for a creditor to file a Proof of Claim?

Asked on 11/15/13, 5:24 pm

1 Answer from Attorneys

Adam Mack Mack & Associates, LLC

Like so many legal answers, the answer is "Maybe". This is because the bankruptcy trustee is not going to set a proof of claim deadline unless the case appears to have assets that can recovered from the bankruptcy estate that was created when your brother filed bankruptcy. Your rights, and perhaps the dischargeability of the total or partial debt owed to you is very fact specific. I would be happy to assist if you want to explore your options further. Feel free to contact me at my office by calling me at (785) 274-9040 or contact me through my website at

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Answered on 11/15/13, 8:00 pm

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