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Self-Represented Creditor UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS A GUIDE FOR THE SELF-REPRESENTED CREDITOR IN A BANKRUPTCY CASE June 2014 Table of Contents Subject Page Number Legal Authority, Statutes and Rules ....................................................................................... 1 Who is a Creditor? .......................................................................................................................... 1 Overview of the Bankruptcy Process from the Creditor’s Perspective ................... 2 A Creditor’s Objections When a Person Files a Bankruptcy Petition ....................... 3 Limited Stay/No Stay ..................................................................................................... 3 Relief from Stay ................................................................................................................ 4 Violations of the Stay ...................................................................................................... 4 Discharge ............................................................................................................................. 4 Working with Professionals ....................................................................................................... 4 Attorneys ............................................................................................................................. 4 Pro se .................................................................................................................................................. 5 Pro se Law Clerk ............................................................................................................................. 6 Getting Started ................................................................................................................................. 7 Filing Documents and Papers.................................................................................................... 7 Case Number ...................................................................................................................... 8 Electronic Filing Access for Creditors ................................................................................... 8 Deadlines ............................................................................................................................................ 9 The Bankruptcy Process .............................................................................................................. 9 Receiving Notices ............................................................................................................. 9 The Trustee ........................................................................................................................ 10 Meeting of Creditors Pursuant to § 341(A) .......................................................... 10 Preparing for the Meeting of Creditors .................................................................. 11 iii After the Meeting of Creditors.................................................................................... 12 Adversary Proceedings ................................................................................................. 12 The Claims Process ........................................................................................................................ 13 Proof of Claim .................................................................................................................... 13 Types of Claims .................................................................................................. 14 Unclaimed Funds ............................................................................................... 14 Objections to Claims ....................................................................................................... 15 Motions, Hearings and Court Appearances ......................................................................... 15 Hearings ............................................................................................................................... 16 Telephonic or Videoconference Appearances ..................................................... 17 Certificates of Service ..................................................................................................... 1 7 Court Appearances .......................................................................................................... 17 What Creditors Should Know About Chapter 7: Liquidation under the Bankruptcy Code ............................................................... 19 Background ........................................................................................................................ 19 Eligibility .............................................................................................................................. 19 How Chapter 7 Works .................................................................................................... 19 The Role of the Chapter 7 Trustee ............................................................................ 22 The Chapter 7 Discharge .............................................................................................. 23 What Creditors Need to Know About Chapter 11: Reorganization under the Bankruptcy Code........................................................ 26 Background ........................................................................................................................ 26 How Chapter 11 Works ................................................................................................. 26 The Chapter 11 Debtor in Possession ..................................................................... 28 The US Trustee or Bankruptcy Administrator .................................................... 29 Creditor’s Committees ................................................................................................... 29 The Small Business Case and the Small Business Debtor............................... 29 The Single Asset Real Estate Debtor ........................................................................ 30 Appointment or Election of a Case Trustee .......................................................... 31 The Role of an Examiner ............................................................................................... 31 The Automatic Stay ......................................................................................................... 32 Whoe Can File a Plan ...................................................................................................... 32 iv Avoidable Transfers ........................................................................................................ 33 Cash Collateral, Adequate Protection and Operating Capital ....................... 33 Motions ................................................................................................................................. 34 Adversary Proceedings ................................................................................................. 34 Claims .................................................................................................................................... 34 Equity Security Holders ................................................................................................ 35 Conversion or Dismissal ............................................................................................... 35 The Disclosure Statement ............................................................................................ 36 Acceptance of the Plan of Reorganization ............................................................. 37 The Discharge .................................................................................................................... 38 Postconfirmation Modification of the Plan ........................................................... 39 Postconfirmation Administration ............................................................................. 39 Revocation of Confirmation Order ........................................................................... 40 The Final Decree ............................................................................................................... 40 What Creditors Should Know about Chapter 12: Family Farmer or Family Fisherman Bankruptcy ............................................. 41 Background ........................................................................................................................ 41 How Chapter 12 Works ................................................................................................. 42 The Chapter 12 Plan and Confirmation Hearing ................................................ 44 Making the Plan Work ................................................................................................... 46 The Chapter 12 Discharge ............................................................................................ 46 What Creditor Should Know About Chapter 13: Individual Debt Adjustment ........................................................................................ 47 Background ........................................................................................................................ 47 Advantages of Chapter 13 ............................................................................................ 47 Chapter 13 Eligibility ....................................................................................................
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