Legal Question in Bankruptcy in California

Re: Upcoming Chapt 11 BK Hearing and Right to do Exam (Depo)

First, Chapter 11 has very complex rules and procedures, so you would be well served to obtain an attorney experienced in Chapter 11. I can recommend a good one if your case is in the SF Bay Area, San Jose or Sacto.

Chapter 11 has a meeting with the US Trustees Office which is generally to tell you all that is involved in Chapter 11, making payments and quarterly reports, etc. The Meeting of Creditors with the Chapter 11 Trustee is to review your papers you filed listing your debts and income. They will verify this information and ask questions about your debts and assets. Creditors can be there too.

To examine creditors, again its best to have an experienced attorney. They will file the application setting forth the need and an Order. Without an attorney, you will need to file an application setting forth the basis, generally that this creditor has information about your assets and debts. As the debtor, your application will be scrutinized closer without an attorney because it is not to be used to harass creditors. So the application should set forth a legitimate purpose. Call me for the referral if you would like an attorney. Do so quickly because the attorney must be approved by the Court. As I said, Chapter 11 has lots of rules and procedures, and failure to follow them can get you kicked out.