1) IN view of the stay, can we terminate the provision of service to the US bankrupt? Would this be deemed a "collection activity" and violate the stay?
A: A creditor is not released from its contractual obligations, when a debtor files for Chapter 11 bankruptcy -- unless the debtor ultimately "rejects" the contract
with the creditor. So, from a strictly legal viewpoint, you cannot just stop servicing the debtor, merely because it files for bankruptcy protection
. You can stop servicing the debtor for ongoing services, if it fails to perform/pay under the contract -- or fails to propose a suitable negotiated settlement under the contract in bankruptcy. But, if you just stop servicing the debtor, even though the debtor is not in breach of contract, then you are in breach and the debtor can sue you for damages.
2) Can my company, which is a creditor proceed to file a proof of claim form without legal representation? Can my company proceed as a creditor, throughout the entire bankruptcy process without legal representation?
A: A proof of claim can be filed by anyone without legal representation. However, a company cannot represent itself in U.S. Federal District Court. It must be represented by legal counsel -- in your case, a member of the Federal District Court Bar for the Southern District of NY.
For a competent bankruptcy attorney referral, see this link.
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