Mark J. Markus Bankruptcy Attorney-Board Certified Specialist

bankruptcy attorney Mark J. Markus

THE LAW OFFICE OF MARK J. MARKUS

Los Angeles California Bankruptcy Lawyer*
Practicing exclusively bankruptcy law since 1991
Free phone consults.  Office in Burbank.
*Board Certified Specialist in Bankruptcy Law

Law Office of Mark J. Markus Bankruptcy Law Logo

Should I attend the Trustee Meeting Of Creditors (341a Meeting)?

Generally speaking there is no great benefit to attending. Although, this depends on what chapter was filed and what the circumstances of the particular debtor is. Due to time constraints, questioning by creditors at these meetings is very limited. If you wish to discover information about the debtor, your better course is to seek court approval to take the debtor’s deposition (under Bankruptcy Rule 2004).

2021-08-25T11:49:38-07:00August 25th, 2021|

If I was not listed in the bankruptcy and didn’t receive notice, can my debt still be discharged?

Generally, a debt that is not listed or scheduled on a bankruptcy petition will not be discharged unless the creditor has notice or actual knowledge of the case in order to timely file a proof of claim. HOWEVER, if it is a no asset bankruptcy (meaning, no distribution would be made), most courts hold that the debt will be discharged even if it was not listed since there would be no distribution in any event. If you have grounds for [...]

2021-08-25T11:48:48-07:00August 25th, 2021|

How do I get the debtor to reaffirm my debt?

Debtors may choose to reaffirm certain pre-bankruptcy obligations. This reaffirmation turns the debt into a post-bankruptcy obligation. This is desirable for creditors, but almost never for debtors. Extreme care must be exercised in seeking a debtor’s reaffirmation as there are increasing court and other legal requirements for doing so.

2021-08-25T11:44:14-07:00August 25th, 2021|
Go to Top