A guide for creditors

Understand your claim.
Know your next question.

Practical answers about claim sales and the bankruptcy process, with links to the law and rules behind them.

General information about U.S. bankruptcy, with an emphasis on Chapter 11. This is not legal, tax, or investment advice. Your case orders and agreement terms matter.

01 / Questions & answers

Selling a claim

The sale, the price, and the terms worth understanding.

What does it mean to sell a bankruptcy claim?

A claim sale transfers the agreed rights in a creditor’s claim to a buyer in exchange for a negotiated price. The purchase agreement identifies the rights sold and any rights retained. Bankruptcy Rule 3001(e) addresses procedures for transferred claims; the applicable steps depend on the type of transfer and whether a proof of claim has already been filed.

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Does a claim transfer require court approval?

For an outright transfer after a proof of claim has been filed, Rule 3001(e)(2) generally requires the buyer to file evidence of the transfer. The rule excludes claims based on publicly traded notes, bonds, or debentures from that procedure. The clerk notifies the alleged seller, who generally has 21 days after mailing to object, unless the court extends the period. Without a timely objection, the buyer is substituted for the seller; an objection can require a hearing.

That is different from a universal requirement for advance approval of every sale. Other transfer types, court orders, local procedures, and restrictions applicable to the particular claim still need review.

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What information should I have ready for a review?

Start with the debtor or case name, the creditor’s legal name, the claim number if available, and the amount you believe remains unpaid. Useful records can include a filed proof of claim, invoices, contracts, judgments, payment history, and prior assignments. Explain any dispute, partial payment, pledge, or previous transfer.

These are materials for our purchase review. The information required for a court filing is a separate question; Official Form 410 and its instructions describe the standard proof-of-claim form.

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When would I be paid, and could I have obligations after a sale?

Wychwood pays within 48 hours of closing. After payment is complete, we file the claim transfer with the court. Once we verify that the filing appears on the docket, we send you a court-stamped copy. The purchase agreement establishes the closing conditions and rights being transferred; signing alone does not start the 48-hour period unless closing also occurs.

Review representations, cooperation requirements, indemnities, and any recourse or repayment provisions before signing. A sale does not automatically eliminate every seller obligation. Ask your own legal and tax advisers about terms and consequences specific to you.

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02 / Questions & answers

Understanding the bankruptcy

What the main terms mean, and where to find the governing law.

What is a bankruptcy claim?

The Bankruptcy Code defines a claim broadly. It includes a right to payment even if the amount is not fixed, the debt is disputed, or payment depends on a future event. Some rights to an equitable remedy also qualify if a breach gives rise to payment. Whether a particular claim is allowed and what it may recover are separate questions.

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How do Chapter 7 and Chapter 11 differ?

Chapter 7 generally involves a trustee liquidating available estate assets and distributing proceeds under bankruptcy law. Chapter 11 uses a court-approved plan to address claims and interests. A Chapter 11 case may reorganize a business, sell assets, or liquidate; it does not necessarily mean the business will continue operating.

The chapter alone does not tell you how much a particular creditor will recover.

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What is the automatic stay?

A bankruptcy filing generally stops many collection actions against the debtor and estate property, including certain lawsuits and enforcement of existing judgments. Section 362 contains exceptions, limits, and provisions for relief from the stay. Do not assume that an existing judgment permits continued collection after a filing; get advice on the specific case before taking enforcement action.

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What are secured, priority, and general unsecured claims?

A secured claim generally has recourse to collateral. Section 506 addresses secured status, including the effect of collateral value. A priority claim has a statutory payment priority; § 507 identifies priority categories. A general unsecured claim has neither collateral backing nor a statutory priority of that kind.

These categories affect treatment, but none by itself guarantees payment. The applicable chapter, claim allowance, available assets, and any confirmed plan also matter.

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When will creditors receive a distribution?

There is no single timetable for all cases. In Chapter 11, proposing a plan, obtaining confirmation, reaching the plan’s effective date, and making distributions are distinct events. The plan, confirmation order, and later notices explain the relevant conditions and timing. Asset recoveries and unresolved claims can affect the process.

Section 1129 sets confirmation requirements; it does not promise every creditor payment on a fixed date. An estimated recovery is not a guarantee of either amount or timing.

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03 / Questions & answers

Filing, deadlines & allowance

Why a record on the claims register is only part of the picture.

Do I need a proof of claim if the debtor already lists my debt?

In Chapter 11, § 1111(a) generally treats a claim as filed when it appears in the debtor’s schedules, unless it is marked disputed, contingent, or unliquidated. Rule 3003(c)(2) requires a proof of claim when a claim is omitted or listed with one of those designations.

Check the exact creditor name, amount, debtor entity, classification, and applicable court notices. A listing should not be assumed accurate. This Chapter 11 rule should not be applied automatically to other bankruptcy chapters.

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What is a bar date? Does discussing a sale extend it?

A claims bar date is a deadline for filing a proof of claim. In Chapter 11, Rule 3003(c)(3) provides for the court to set that time and permits extensions for cause. Deadlines and exceptions depend on the case and the type of claim.

Discussing a sale with Wychwood does not extend a court deadline or file a claim for you. Review the bar-date order and notices promptly. If you believe a deadline has passed, seek advice about the particular circumstances rather than assuming an exception applies.

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Does filing a claim mean it is approved and will be paid?

Not necessarily. Under § 502(a), a claim supported by a proof filed under § 501 is generally deemed allowed unless a party in interest objects. If an objection is made, § 502(b) governs determination of the amount and grounds for disallowance, subject to its exceptions.

Allowance is different from payment. The amount and timing of any distribution depend on the case, claim treatment, and available funds. A claims-register entry alone should not be read as a promise of full recovery.

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Looking for the original materials?

The Bankruptcy Code is Title 11 of the United States Code. The Federal Rules of Bankruptcy Procedure govern procedure; they are distinct from the Code.

Walk through the claim sale process →Current Federal Rules of Bankruptcy Procedure ↗U.S. Courts Bankruptcy Basics ↗

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