I am private retail shareholder in a United States Biotechnology company that has recently filed for Chapter 11 bankruptcy . Last week I wrote a letter to the bankruptcy judge assigned to the case . My letter and subsequent email to the judge have been placed on the docket and are now part of the public record . Unfortunately , because I am not a licensed attorney , the communications are not motions and will not be taken into account . I have made some serious allegations about what I believe has transpired with the company and I can provide more information as needed . I would like to speak with an attorney who could advise me on this matter and possibly send my communications so I can officially be heard by the court .
Rather than ask for solicitations, on the web (only a few Ch. 11 lawyers in the country may see and respond here) you need to take the initiative to plan phone calls or appointments with lawyers in your are who handle Chapter 11 matters, or lawyers in the district in which the case is filed if different. Lawyers in the district in which the case is filed may be cheaper, as they may be familiar with the case and can appear at hearings. If there is a trustee or committee (creditors or equity holders) you might also communicate with their lawyers for free.
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Chapter 11 Bankruptcy Attorney
Writing letters to the Judge can have some effect in some circumstances. Usually, however, it just puts the Judge in an awkward position as to how to deal with what you say (should they treat it as a motion or objection--or just ignore it).
You are right to reach out to talk to a Chapter 11 lawyer for some guidance. Most will take some time to hear what you have to say and to give you some guidance on the next direction. You are welcome to call me if you want a little guidance.
Chapter 11 bankruptcy is a national practice and I commonly work on out of state bankruptcies. Most local rules will require at least nominal local counsel, so you may be better off hiring someone local; however, sometimes it is hard to find local counsel who truly does substantial Chapter 11 work (it depends on the city)..
You might also reach out the the United States Trustee in your case. They can also give some guidance and will get involved if you allegations deal with conduct of the debtor while in bankruptcy.
Richard G. Grant | 214-210-2929 Practicing exclusively Chapter 11 bankruptcy since 1996. www.chapter11dallas.com | www.rgglaw.com This submission does not create an attorney/client relationship. The comments herein are practical, not legal advice. You must contact me directly if you wish formal advice.
8 lawyers agree
Writing a letter to a judge will not be an effective way to have your concerns addressed by the court. The judge will not respond to an email. All communications, unless placed under seal, become part of the public record. That is why the court placed your letter on the docket. The letter was sent to all the lawyers that receive electronic updates from the court. It can also be viewed as part of the public record.
It sounds like you are a creditor and this company owes you money. Chapter 11 is complicated with a lot of procedure. If the case you are concerned about is for a large company, the case will be more involved. Chapter 11 debtors typically have a lot of creditors and many people have been harmed by the businesses failure to pay its debts.
You really will need to seek the advice of an attorney to advise you if you need to file a claim for your debt or if you have a much more involved right to assert such as presenting a motion to dismiss the case or appoint a trustee. Where is the case pending?. It will be best to contact a lawyer that practices before the court where the case is pending.
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Chapter 11 Bankruptcy Attorney
Depending on your concerns, writing a letter to the judge may not be the best way of being heard in this case. It's possible that a local attorney may be able to assist you in a more effective manner. Additionally, in Chapter 11 reorganizations its important to act quickly as there are many different time limits. Feel free to call our office and set up a consultation.