QUESTION
Can a motion for non dischargeablity be filed by a creditor without an attorney?
Asked on Mar 20th, 2012 on Bankruptcy - Florida
More details to this question:
Can a motion for non discharge-ability be filed by a secured creditor without a lawyer? We have a UCC filing and are in 2 position. This is a chapter 7 Bankruptcy.
7 ANSWERS
judith runyon
Yes.
Answered on Jun 02nd, 2013 at 7:41 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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No.
Answered on May 30th, 2013 at 7:50 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes.
Answered on May 30th, 2013 at 2:48 AM
I have never seen a creditor without an attorney succeed in getting a judgment against a debtor in an adversary proceeding. You need an experienced bankruptcy attorney to tell you if you have a good case.
Answered on Apr 19th, 2012 at 6:12 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You do not need an attorney to file an adversary proceeding. If you have a secured position you may not need to file a complaint to determine nondischargeability. Consult with an attorney as to the facts in your case.
Answered on Mar 22nd, 2012 at 9:31 AM
A corporation must be represented by counsel. Non-corporate creditors can represent themselves, probably not the wisest thing to do in a non-dischargeability matter.
Answered on Mar 21st, 2012 at 5:13 PM
Yes, unless the creditor is a corporation, at which time they will be required by law to have an attorney. Otherwise, an individual is not required to have an attorney.
Answered on Mar 21st, 2012 at 2:14 PM