Creditor Without An Attorney

 

Creditors (and other non-debtor parties), who proceed pro se (without an attorney) should be aware of the following:

1.  Corporations and Partnerships -- Filing of Papers:

a.  Corporations and partnerships generally may not file papers in a bankruptcy case pro se, and, with certain exceptions listed below, must be represented by an attorney. See Bankruptcy Assistance.

b.  But any creditor (including a corporation or a partnership through a non-attorney representative such as a member, officer, or employee) may file pro se any documents that would not constitute the practice of law, including the following documents (or an amended version of these documents):

2.  Corporations and Partnerships – Participation at the Meeting of Creditors (the meeting at which the debtor must appear and submit to an examination under oath under 11 U.S.C. § 343):

a.  Under 11 U.S.C. § 341(c), and notwithstanding any other statute, rule, or state constitution provision to the contrary, a creditor (including a corporation or partnership) holding a claim arising from a consumer debt (including a non-attorney representative of such creditor such as an employee) must be permitted to appear at and participate in the meeting of creditors in a case under chapter 7 or 13 of the Bankruptcy Code.

b.  Local Bankruptcy Rule 2003-1 also applies to the meeting of creditors.

Even though they generally may not appear pro se, corporations and partnerships may find that our For Creditors page has informative topics, including noticing information, Frequently Asked Questions, and claim filing information, which may also be helpful.

3.  Individual Creditor Right to Appear and Participate in Case, and to File Papers:

a.  A creditor who is an individual may pursue any matter pro se. Even though an individual may appear pro se, that individual should consider whether to engage an attorney. See Bankruptcy Assistance.

b.  If you decide to proceed pro se, our For Creditors page has informative topics, including noticing information, Frequently Asked Questions, and claim filing information, which may also be helpful.