Filing a "Notice of Bankruptcy" or "Suggestion of
Posted: Wed Sep 16, 2015 1:26 pm
It sounds to me like you rush to amend the schedules to add the omitted
creditor before the trustee has distributed assets so that the creditor
cannot complain that it received nothing. The Trustee may object but
should lose.
On Mon, Sep 14, 2015 at 8:22 PM, Holly Roark hollyroark22@gmail.com
[cdcbaa] wrote:
>
>
> 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
>>
>>
>>
>
>
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
It sounds to me like you rush to amend the schedules to add the omitted creditor before the trustee has distributed assets so that the creditor cannot complain that it received nothing. The Trustee may object but should lose.On Mon, Sep 14, 2015 at 8:22 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.