Services for Creditors of Chapter 7 Debtors

An Attorney in a Chapter 7 can help the Creditor handle the following:

a. Attend the Section 341 Creditor's Meeting and cross-examine the debtors regarding matters affecting your interests (often the only time the debtor will appear under oath).

b. In a Chapter 7 case, a proof of claim must be filed upon notice by the trustee of estate funds available for distribution A secured claim, properly documented, can be filed and a determination made as to how your collateral is being treated in the debtor’s Chapter 7 proceeding.

c. If the debtor is treating your collateral as exempt, you may need a reaffirmation agreement prepared by an attorney for execution by the debtor and debtor’s counsel.c.. If your collateral is a non-exempt asset of the debtor, you may wish to file a motion to have the automatic injunctions lifted in order to pursue your remedies as allowed by state law.

d. Determine if you can claim the debt owed you is non-dischargeable and/or that the debtor is guilty of any act and conduct that would bar a discharge pursuant to 11 U.S.C. 727.

e. Object to debtor's claimed exemptions if inappropriate based on current federal and state law.

Your financial position in the debtor's estate may be adversely affected by delay and inaction!

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