QUESTION

Do we need a bankruptcy attorney?

Asked on Oct 29th, 2011 on Bankruptcy - California
More details to this question:
My father had a large sum of money invested with a company that has filed bankruptcy. He is represented, as are all the other investors, by the Bankruptcy Administration but does he also need his own representation? What type of Attorney deals with this type of situation?
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9 ANSWERS

Consumer Bankruptcy Attorney serving Worcester, MA at Law Offices of James Wingfield
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You may want to talk with a bankruptcy attorney. Many bankruptcy attorneys represent only debtors, so you want to make sure that you talk to an attorney that has experience with creditor issues (such as me). With that said, if your fathers investment was an equity investment (i.e., if he owned stock in the company) he may not be in a position to recover anything.
Answered on Nov 02nd, 2011 at 9:12 AM

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Family Law Attorney serving New York, NY
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If he is just a creditor, then he doesn't necessarily need a bankruptcy attorney. At the creditors meeting he will have an opportunity to show any debt that is owed to him and what he will lose during the bankruptcy. If he would feel more comfortable having an attorney present to advocate his position, then he should definitely seek one out, but it is by no means necessary to have.
Answered on Nov 01st, 2011 at 8:51 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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You need someone. There is no entity called "Bankruptcy Administration." A U.S. Trustee or someone from the office may look at the filing but that does not mean that your father is represented. It does not mean that any rights that your father may have are being represented.
Answered on Nov 01st, 2011 at 2:52 PM

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If you have a claim in bankruptcy you should file a Proof of Claim form. You may want to consider consulting with an attorney who represents creditors.
Answered on Nov 01st, 2011 at 10:37 AM

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Daniel James Wilson
Your father is NOT represented by the Bankruptcy Administration. That is just an office in the United States Trustee office to administer the court and trustee processes. Your father needs a bankruptcy lawyer who is experienced in litigating creditor issues.
Answered on Oct 31st, 2011 at 8:58 PM

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Bankruptcy Attorney serving Beverly Hills, CA
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Large creditors would benefit from having an experienced bankruptcy attorney to advise them and represent their interests in the bankruptcy case.
Answered on Oct 31st, 2011 at 7:53 PM

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judith runyon
What chapter undr the bankruptcy code did the company file??
Answered on Oct 31st, 2011 at 6:44 PM

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Debtor's Rights Attorney serving Atlanta, GA at Theodore N. Stapleton, P.C.
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It would be helpful to discuss any differences between his situation and other investors.
Answered on Oct 31st, 2011 at 6:28 PM

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Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA at Law Offices of Christine A. Wilton
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I'm not sure, based upon the limited amount of information provided here whether your father needs bankruptcy counsel. I do suggest he consult with a creditor's counsel for a determination. He may have rights independent of the administration's assistance.
Answered on Oct 31st, 2011 at 6:26 PM

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