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Filing a "Notice of Bankruptcy" or "Suggestion of Bankruptcy" in
A review of the file shows that some time ago I sent a letter to the out of
state creditor's attorney with a copy of the Notice of Bankruptcy Case
Filing, however, it does not appear they are actually listed as a creditor
in the case. I'm not sure how that happened. The case is an asset case.
It does not appear distributions have been made yet. I am waiting for the
trustee to get back to me. The claims bar date has passed and had passed
by 10 days when I sent the letter to the creditor. From my letter it
appears I assumed they had been listed but were still trying to collect in
violation of the stay. How to fix this? Amend the schedules. Will Trustee
allow them more time to file a claim? [This was a situation with many
lenders and sales of mortgage loans and apparently, we missed this one, but
it's a large liability.]
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
On Mon, Sep 14, 2015 at 7:35 PM, Holly Roark wrote:
> Is it proper to file a Notice of Bankruptcy or a Suggestion of Bankruptcy
> in a state court case where I am not licensed but where my client is being
> sued?
>
> If not, please advise how you handle.
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> *Central District of California & District of Idaho* - Consumer
> Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
>
A review of the file shows that some time ago I sent a letter to the out of state creditor's attorney with a copy of the Notice of Bankruptcy Case Filing, however, it does not appear they are actually listed as a creditor in the case. I'm not sure how that happened. The case is an asset case. It does not appear distributions have been made yet. I am waiting for the trustee to get back to me. The claims bar date has passed and had passed by 10 days when I sent the letter to the creditor. From my letter it appears I assumed they had been listed but were still trying to collect in violation of the stay. How to fix this? Amend the schedules. Will Trustee allow them more time to file a claim? [This was a situation with many lenders and sales of mortgage loans and apparently, we missed this one, but it's a large liability.]Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601
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