Why did I receive a Notice of Chapter 7 Bankruptcy Case?
When the debtor filed bankruptcy, he/she was required to list all possible creditors. The debtor must err on the side of disclosure. You may or may not be owed any money. If you would like additional information regarding why you were listed, please contact the debtor's attorney.
I received a Notice of Chapter 7 Bankruptcy Case, but the information listed for me is wrong. What can I do?
Complete a change of address form and mail it to the bankruptcy court to have your information updated.
Are creditors required to attend the meeting of creditors?
No, but they are welcome to attend.
If I do attend the meeting of creditors, may I ask the debtor questions?
Yes. The amount of time will likely be limited to approximately 5 minutes, to ensure that other cases are called timely. If you do attend a meeting and want to ask the debtor questions, it is helpful to inform the trustee (in between cases) that you are a creditor, and the case for which you are a creditor.
I attended the meeting of creditors; how do I obtain a copy of the digital recording or transcript?
The U.S. Trustee's Office maintains all audio records of 341 meetings,
and any request for a copy of the 341 digital recording must be made to
their office. You may use this form to request a copy of the recording from any 341 meeting. The U.S. Trustee's Office will provide a copy of the recording, but does not provide transcripts.
How can I monitor the status of the case?
The Western District of Michigan maintains an electronic docket of cases. To access it, you must first register for a Pacer account. Once registered, you can access the electronic docket and filed documents for a small fee.
Should I file a Proof of Claim?
That is for you to decide. However, note that in most cases the Notice of Chapter 7 Bankruptcy Case will inform you not to file a claim unless you receive a notice (Notice of Possible Dividends and Deadline to File a Proof of Claim). If you do receive a Notice of Possible Dividends, note that your claim must be filed within the time indicated.
Will the trustee sign a stipulation for relief from stay?
Generally speaking, yes. Please note that the trustee will not stipulate to facts or legal conclusions (lien balances or the proper perfection of a security interest). It is recommended that the stipulation be drafted without reference to the trustee, with the exception of a signature line, above which is stated "Stipulating to Entry of Order Only." Proposed stipulations, along with proof of perfection (if applicable) should be emailed to the trustee.
I suspect a debtor engaged in fraud. Who should I notify?
You may wish to contact the chapter 7 trustee, the Grand Rapids Office of the U.S. Trustee, or the Executive Office for U.S. Trustees' Criminal Enforcement Unit.