QUESTION

do creditors usually attend bankruptcy hearings?

Asked on Nov 05th, 2014 on Bankruptcy - Utah
More details to this question:
I have a customer that still has a rental instrument that they have not paid for. They filed for bankruptcy and i got notice of the 351 hearing. Is it beneficial to go to the hearing and ask for the instrument back or is it appropriate to contact the debtors attorney before the hearing? What are my options for getting the instrument back?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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The renting of an instrument forms what is called a security interest in the instrument itself. Even though the fees associated with the rental agreement can be discharged in bankruptcy, the debtor will have to return the instrument. I would never consider this to happen automatically and you should contact the bankruptcy trustee in order to get your instrument back. If you do not receive a notice that you are a creditor of the person filing bankruptcy, contact the bankruptcy court and get the information needed about that person's bankruptcy in contact the trustee. You should also consider attending the 341 meeting of creditors, to just be on record that you want your property returned. As soon as the automatic stay of the bankruptcy is over, you will be able to obtain your instrument back. If you do not want to wait for this time to elapse, you can file a motion for relief from stay, this will remove the automatic stay and you can get your instrument back right away. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://massachusettslawyeronline.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes
Answered on Nov 19th, 2014 at 10:36 AM

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