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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I contracted with a pool company to build a pool and spa. I

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I contracted with a pool company to build a pool and spa. I gave them $20,000.00 down payment. Before they were scheduled to start the pool, they declared bankruptcy. I received a notice of a court meeting with creditors for August 7th. I will be out of town. What can I do?

CalAttorney2 :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today.

CalAttorney2 :

There is generally no need for creditors to attend the "meeting of creditors". The most important thing to do as a creditor is to ensure that your "Notice of Claim" is submitted to the bankruptcy court/trustee.

Customer:

Where do I get the "Notice of Claim" form?

CalAttorney2 :

The meeting of creditors is simply a very short meeting where the trustee asks the debtor a series of questions about their debts and assets (there is usually a long list of debtors there for their meetings). If you wish to attend you may and you can ask your own questions, but unless you have a specific reason for attending it is usually unnecessary.

CalAttorney2 :

You are usually mailed a notice of claim, but some District Courts have switched to electronic notices. In that case you will need to file through the Court's website. Please give me a moment and I will see what I can find for Texas.

CalAttorney2 :

(Are you in the Northern District or Southern District? - you would see this on the notice advising you of the meeting of creditors).

CalAttorney2 :

Also, the notice advising you of the meeting of creditors usually has the specific information on how to file your claim with the Court.

Customer:

Western District

CalAttorney2 :

The Western District Form is on the back of the notice of the 341 hearing. You can make a copy of it and send it in, or you can use the online form (I will get you a link in a moment).

CalAttorney2 :

Here is the US Bankruptcy Court form, you will need to fill in all of the information, including the Court and Debtor information, you can find this on the Notice of Hearing: http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Current/B_010.pdf

Customer:

Thank You

CalAttorney2 :

You are welcome. I do wish you the best in this matter.

CalAttorney2 and other Consumer Protection Law Specialists are ready to help you