Proof of Claims
Motion for Relief From Stay
Objection to Confirmation
Motion to Dismiss
Objecting to Discharge
Rule 2004 Examinations
If you are owed money by a company or individual that filed for bankruptcy protection we can help. Creditors have a limited time to act once a bankruptcy case is filed. We will enforce your creditor rights in the Bay Area quickly and economically. Timing is everything. The 341 meeting of the creditors is usually scheduled about 30 days after the date the case is filed. The meeting of the creditors is required pursuant to 11 U.S.C. §341 of the Bankruptcy Code. Before the meeting takes place your creditor rights in bankruptcy need to be evaluated. Please give us a call at 1-877-963-9543 to discuss your circumstances.
It is important to note that prior to the 341 hearing how creditor rights law can help you needs to be evaluated. At meeting of the creditors the trustee assigned to the case will ask the bankruptcy filer or the responsible individual if it is a business filing, questions about their income, assets and debts. This also is an opportunity for creditors to ask the bankruptcy filer under penalty perjury questions as well. Depending upon the circumstances the trustee assigned to the case could allow five minutes or less to ask questions. Everything depends upon the circumstances of the debtor and their income, expenses, assets and debts. In other cases given the nature of the questions and answers of the debtor the trustee may allow for a more in-depth questioning and even ask some more follow up questions of their own. Creditors may have vital information for the administration of the case that the trustee may not be aware of and the debtor failed to disclose. Creditor rights in bankruptcy are dependent upon timing in the beginning.
In a Chapter 7 bankruptcy case creditors have 60 days from the date of the first scheduled meeting of the creditors to file an adversary proceeding to object to the discharge of the debtor and dischargeability of any single debt. This is an absolute deadline unless a motion to extend the deadline is filed with the court, and the court finds that cause exists to extend the deadline. Again, once you receive notice that someone that owes you money filed for bankruptcy protection time is of the essence to protect and enforce your creditor rights in bankruptcy.
In a Chapter 13 reorganization case a Chapter 13 plan could be confirmed in as little as 80 days after the initial petition for relief is filed. Founding partner, Ryan C. Wood, has considerable experience with Chapter 13 cases given that he was formerly employed as a staff attorney for David Burchard, Chapter 13 Trustee for the San Francisco and Santa Rosa Divisions for the Bankruptcy Court for the Northern District. Objections to confirmation of the Chapter 13 Plan should be filed on or before the first scheduled date for the meeting of the creditors. If a creditor does not file an objection to their treatment in a Chapter 13 Plan, the effect of confirmation or approval of that plan could be binding and no objection will be heard by the court. The effect of confirmation/approval of the plan of reorganization is a litigated issue and it depends upon the circumstances. Nevertheless, creditors should retain an attorney to evaluate their creditor rights whether they are being treated properly in the Chapter 13 Plan proposed by the bankruptcy filer.
A powerful tool in creditor rights law to obtain information from the bankruptcy filer is to conduct a Rule 2004 examination of the debtor. Under Federal Rule of Bankruptcy Procedure 2004 the debtor must produce documents demanded and appear for examination under penalty of perjury. A creditor may seek any document or ask any question that is reasonably likely to lead to admissible evidence. This is a very broad right and powerful as a result. A debtor may file a protective order to limit a creditor’s right to information though.
