Creditor Without An Attorney

 Self Represented Parties - Temporary Means to File Pleadings During COVID 19 Closing

Please visit this page for the methods on how to file documents with the Court during COVID 19 Closing.

Creditors (an entity that is owed money) who proceed pro se (without a lawyer) 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 without a lawyer (as pro se), and with certain exceptions listed below, must be represented by an attorney. See Bankruptcy Assistance.

b.  However, any creditor (including a corporation or a partnership through a non-attorney representative such as a member, officer, or employee) may file without a  lawyer any documents that would not constitute the practice of law, such as the following 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.  Pursuant to 11 U.S.C. § 341(c), (and notwithstanding any other statute, rule, or state constitution provision to the contrary), a creditor holding a claim arising from a consumer debt (including a non-attorney representative of such creditor such as an employee) is permitted to appear at and participate in the meeting of creditors in a case under chapters 7 or 13 of the Bankruptcy Code.

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

Even though corporations and partnerships generally may not appear before the court without a lawyer, such creditors may find our For Creditors webpage informative, including information about noticing options, Frequently Asked Questions, and claim filing information.

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

a.  A creditor who is an individual may pursue any matter before the Court without being represented by a lawyer, although such legal representation is highly recommended. See Bankruptcy Assistance.

b.  If you decide to proceed without a lawyer (pro se), our For Creditors page has many informative topics, including noticing options, Frequently Asked Questions, and claim filing information.