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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1975
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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We just received a Notice of Chapter 11 from one of our customers.

Resolved Question:

We just received a Notice of Chapter 11 from one of our customers. It is dated 7/20/2010. We just received it today (8/4/2010). On Monday, 8/2/2010 we did some work for them and allowed them to charge as we were unaware they were going to file. Do we need to file a claim for payment or are they responsible for paying the invoice since it was done after they filed?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 6 years ago.
Thank you for your question.

Edited to add:

I just noticed the credit work date was AFTER the filing, so not knowing of "intentions" to file is a misnomer--it was a done deal. This is post-petition debt, which would not be dischargeable BUT which normally should not be taken on without prior permission of the court.

This new 8/2/2010 debt might be treated differently from the prior prepetition debt that caused you to be listed as a creditor and receive the notice of filing.

Though your company is most likely protected already by the postpetition nature of the new debt, the right thing to do is to call the BK Trustee and report the Debtor's act of taking on new debt the day before you received the notice of filing, and offering your assistance for anything the Trustee wants to do about it. Take notes, including the name of the person you speak with, and send a confirming letter summarizing the outcome of the conversation ("...and [person X] instructed us to do [whatever]."


Creditors' rights are protected by first, checking the Schedules to make sure the debt owed to them is listed correctly, and second, by filing a proper "proof of claim" in the case, with appropriate supporting documentation.

If the Notice of Filing for the case does not list a deadline for filing a proof of claim, then carefully watch the mail for a notice of that deadline later on. If there is no notice of a deadline in six weeks, call the listed BK Trustee's office (with case number XXXXX debtor name ready at hand) and ask about it, just in case you missed it.

For any claim above $5,000.00, it might be worth the money to hire an attorney to make sure the claim paperwork is handled properly. Know your rights and protect them.

Thank you.


Edited by Brent Blanchard on 8/5/2010 at 4:28 AM EST
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