Oakland, CA asked in Bankruptcy for California

Q: Is it appropriate to write a letter to the judge in a bankruptcy court case when you are one of the creditors?

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1 Lawyer Answer
Cynthia Jean Nelson
Cynthia Jean Nelson
  • Bankruptcy Lawyer
  • Fremont, CA
  • Licensed in California

A: As a creditor, you need to file a proof of claim. You have the right to examine the debtor at the 341 hearing. You can request a further questioning of the debtor, called a 2004 examination.

If you want to sue to prevent either this debt or this debtor from being discharged in bankruptcy, you should speak to a lawyer.

The only way writing a letter to the judge will get you anywhere is if the court decides to treat it like a motion or other legal document. That puts you in the middle of a law suit. I wouldn't try it without help.

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