Am I forfeiting any rights as creditor if I do not go to the creditor meeting?

Asked almost 2 years ago - Saint Louis, MO

Can I still as a creditor file my objections and/or claim to the proposed Ch 13 Bankruptcy Plan per schedule that was provided if I do not go to the creditor meeting?

Attorney answers (4)

  1. Deborah F Bowinski

    Contributor Level 17

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    Lawyers agree

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    Answered . I agree. You don't have to attend the meeting, but be very aware of your deadlines for objecting to the proposed plan and for filing your proof of claim (with all required documentation attached!) with the court.

  2. Peter Walter Weston

    Pro

    Contributor Level 17
    Best Answer
    chosen by asker

    Answered . Most creditors do not attend the creditors' meeting.

    As a creditor not attending a creditors' meeting, you forfeit the right to ask at the meeting some basic questions of the debtor, which meeting is a low cost forum available for that purpose.

    A creditor can review all schedules and forms, and can object, if needed, to the reorganization plan, and if additional detailed questions are needed, can take a deposition of the debtor, which is somewhat rare in chapter 13.
    If there are some unusual facts involved, or large amounts of assets or debts involved, you may wish to confer with an experienced bankruptcy attorney that represents creditors.

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more
  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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    Answered . Your appearance or nonappearance at the creditor's meeting means nothing. The reason a creditor might appear would be to ask a few brief questions of the debtor & since in most instances, the creditor knows very well what the debtor will say, the creditor doesn't bother to appear.

    You will want to make sure that you comply with the deadline requirements contained in the B9I notice you received from the Bankruptcy Court to determine your rights.

    Hope this perspective helps!

  4. Robert A. Stumpf

    Contributor Level 19

    Answered . No, you don't forfeit any additional rights you might have. If you are serious about objecting to a plan, it's obviously a good idea to go. It's easier and cheaper to bring up your concerns directly to the trustee than to have to engage in later motion practice.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more

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