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
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
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
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
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