When filing a bankruptcy in Chapter 13, make sure both you and your attorney review the proof of claims by creditors. A proof of claim is used in bankruptcy court to confirm the amount that is owed to a creditor by the debtor. In November 2013,, Greenpoint Credit filed a proof of claim for an unsecured deficiency judgment debt that had already been discharged in the debtor’s prior bankruptcy case. The bankruptcy court found that Greenpoint violated the Discharge Injunction by filing a proof of claim in the debtor’s following bankruptcy case. Greenpoint took the bankruptcy’s decision to District Court in the 11th Circuit. . The District Court affirmed the bankruptcy court decision, that the bank was in violation and awarded damages to McLean, the debtor, their attorney, and sanctions in the amount of $25,000, $18,355, and respectively.
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