Legal Question in Bankruptcy in Missouri
A client owes us over $10,000. We heard he (his company) was filing for bankruptcy. 1) how do we determine if he really has filed? and 2) how do we make a claim?
2 Answers from Attorneys
Check the PACER system that lists all the pending and discharged bankruptcy cases. You can fins out how to gain access under the court's .gov web site.
Good luck
"Is filing" and "has filed" aren't necessarily the same. It takes a while to prepare the petition, but once the decision has been made to file a bankruptcy, a lawyer is generally retained and the person/entity filing begins the process of submitting information to the attorney so that the petition--a lengthy document--can be prepared. After filing, the court clerk will mail out a notice to all creditors listed in the petition. The notice will include a reference to filing a proof of claim; this form is available from the court's website. Mr. Smith's suggestion is an excellent way of making sure that your company was not omitted from a petition that has already been filed. If PACER yields no results, then a petition has not been filed, and it is still permissible to contact the client. If they tell you that they are filing bankruptcy, ask for the name and phone number of the attorney, and call to verify that said attorney has in fact been retained to file a bankruptcy. Leaving your firm's name and address will help ensure that your company is listed on the petition. And if you haven't received a court notice in a couple of months, double-check that a bankruptcy filing is still the client's plan.
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