Do I need to attend the creditors meeting? 22 Answers as of July 19, 2011

I Have a second TD on property owned by this person who filed Chapter 13. Can I still collect if I didn't go to the 341 meeting?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Creditors are not required to attend a 341 meeting, however it is an opportunity to question the Debtor about their income and other debts.
Answer Applies to: New Hampshire
Replied: 7/19/2011
Engberg Law Office
Engberg Law Office | Harry A. Engberg
To get paid in a 13, you must file a proof of claim! If you do not you can get left out.
Answer Applies to: South Dakota
Replied: 7/18/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
You do not need to attend but need to take steps to protects your interest. Please call to schedule a free consultation.
Answer Applies to: Georgia
Replied: 7/18/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Yes, there is no requirement for anyone except the debtor to attend that meeting.
Answer Applies to: California
Replied: 7/18/2011
Tucker Legal Clinic
Tucker Legal Clinic | Samuel Tucker
You need to determine how the debtor is treating your debt in the Ch 13 plan.
Answer Applies to: Mississippi
Replied: 7/18/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Debtors must attend the section 341 meeting of creditors; creditors do not need to attend to preserve their rights.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    I'm confused by just what you have, but if you filed a claim and it was allowed, you do not have to attend the 341 meeting as a creditor.
    Answer Applies to: Michigan
    Replied: 7/18/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Yes. You are not obligated to attend the creditors meeting. Make sure you file a claim in the case. Talk to an attorney immediately.
    Answer Applies to: California
    Replied: 7/18/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    It sounds from your question as if you are a creditor. You do not lose any rights by not attending the creditor meeting. You should hire a lawyer.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You do not have to attend the meeting of creditors in order to preserve you lien. Stephen Harkess Harkess & Salter, LLC 1075 S. Yukon Street, Suite 305 Lakewood, CO 80226 Stephen@Harkess-Salter.com Phone:(303) 531-5380 Fax: (866) 332-8697 ***This e-mail message and all attachments transmitted with it may contain legally privileged and/or confidential information intended solely for the use of the addressee(s). If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, forwarding or other use of this message or its attachments is strictly prohibited.
    Answer Applies to: Colorado
    Replied: 7/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The 341 meeting does not decide if you have a claim. However, it can be a useful place for a creditor to get information. You as an individual do not know how to do that. Your attorney will, and it would be smart to talk to a lawyer to decide (1) if he should attend, (2) how to file a claim, and (3) if he should file anything else.
    Answer Applies to: Georgia
    Replied: 7/18/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You need to file a claim by the deadline. Going to the meeting of creditors is generally a waste of time unless you have important questions to ask the creditor. You only get a few minutes to do that. You might never get paid (or get very little) if the debtor is able to have the bankruptcy court void the second deed of trust because the property might be worth less than the balance of the first deed of trust. That is called a "strip" which is very common these days in Chapter 13 cases. You might want to see a bankruptcy lawyer urgently to see if you have grounds to object to confirmation of the Chapter 13 Plan. In some areas you must object to confirmation before the meeting of creditors. Read the notice you received carefully.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    As a creditor you don't have to ho to the meeting, but when you get notice to file a proof of claim you need to do that to recover any money.
    Answer Applies to: Virginia
    Replied: 7/18/2011
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    I take it you are a creditor. The Chapter 13 trustee will send you a Proof of Claim form to fill out. That is how you make a claim. See how your claim is listed in the Chapter 13 plan, and read the instructions on any cover letter.. You do not have to attend a meeting of creditors just because it is called a meeting of creditors. You have a right to attend and to ask some limited questions regarding how your claim will be treated, but it is not mandatory. Disclaimer: Federal debt relief agent, who files bankruptcies, when appropriate. General legal information but not specific legal advice, and no attorney-client relationship is created hereby.
    Answer Applies to: New Jersey
    Replied: 7/16/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You need to file a proof of claim with the court. The bankruptcy court website should have this form available for you.
    Answer Applies to: Oregon
    Replied: 7/16/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Absolutely
    Answer Applies to: Maryland
    Replied: 7/16/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    You can still collect without attending the 341 meeting. To collect you need to file a proof of claim, but you ought to hire an attorney. As a second TD holder, there is more to protecting your rights than just filing a proof of claim.
    Answer Applies to: Arizona
    Replied: 7/16/2011
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