QUESTION
If the court does not notify me as being listed as a creditor in a bankruptcy case, am I eligible for legal process to obtain my money?
Asked on Apr 30th, 2013 on Bankruptcy - Michigan
10 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Perhaps, but it depends on the type of bankruptcy filed and if the bankruptcy was an asset or no-asset case.
Answered on May 02nd, 2013 at 3:12 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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That depends on whether this is a Chapter 7 or a Chapter 13. If a Chapter 13, file a Proof of Claim immediately. If it is a Chapter 7, contact the Trustee and advise of your Domestic Support.
Answered on May 01st, 2013 at 4:41 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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This question depends on so many variables. You will want to look up the bankruptcy documents filed to make sure you were not listed as a creditor, that the address just was incorrect or you missed a bankruptcy notice. You do not want to move forward if you were listed and notice just did not get to you for some purpose. If this is a Chapter 7 Bankruptcy and you were not listed, there is some case law that indicates you would still be discharged and unable to recover. If the case was an asset case where monies were paid to creditors, that changes things. Generally speaking, a creditor not listed is not discharged in bankruptcy. Be aware though, that you can be added to a bankruptcy through proper amendment and notice. Even after the case has closed. If the case is still open, still file a Proof of Claim to get paid something now.
Answered on May 01st, 2013 at 4:40 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Not necessarily. I'd consult an experienced bankruptcy attorney or you could be in more trouble than you'd ever want.
Answered on May 01st, 2013 at 12:22 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Probably not. I think I would need a few more details before advising you on how to proceed such as Chapter, date of filing, and whether the case was an asset case or not.
Answered on May 01st, 2013 at 12:06 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Not unless you can demonstrate prejudice.
Answered on May 01st, 2013 at 12:05 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Perhaps unless you have actual knowledge of the bankruptcy which it sounds like you have.
Answered on Apr 30th, 2013 at 10:03 PM
Richard hirsh
the answer is most likely not. It is enough that you now know of the bankruptcy. If you proceed with knowledge of the bankruptcy you can be held liable for sanctions. And even if you did not actually know, any action would still be void.
Answered on Apr 30th, 2013 at 9:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally yes, you are not listed in the bankruptcy. I would consult with an attorney.
Answered on Apr 30th, 2013 at 8:59 PM