Bankruptcy Mastery

Becoming a better bankruptcy lawyer

  • Home
  • About Cathy
  • Contact Cathy
  • Articles by Topic
    • Attorneys fees
    • Bankruptcy Practice
    • Before filing
    • Business bankruptcy
    • Cases new & significant
    • Counseling clients
    • Family Law in Bankruptcy
    • Means test
    • Opinionated
    • Real property
    • Rule 3002.1
    • Tax
  • Table of Contents
  • Start Here

Notice Key to Bankruptcy Success

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice

Who should I give notice to, the young bankruptcy lawyer asked, the creditor who had limited legal capacity or the creditor’s conservator?

One of the basic themes of bankruptcy is that it works on notice. Those who get notice of the case are bound by its outcome.

The bankruptcy forms allow the debtor to characterize a listed creditor has holding a contingent claim, an unliquidated claim, a disputed claim, or simply being someone who ought to get notice.  There is no down side to giving notice to those who might not, in the final analysis, be actual creditors.

So, my answer to the young lawyer was, why choose?  Give notice to both the party and his conservator.  Or the litigant and his lawyer.  Or the creditor and its collection agency.

You cannot go wrong giving notice broadly and you protect your client from a choice  whose efficacy  may be challenged in the future.

More from my site

  • Assessing the Ailing Business Post PandemicAssessing the Ailing Business Post Pandemic
  • Client Horror Story Contains An Asset Of The Bankruptcy EstateClient Horror Story Contains An Asset Of The Bankruptcy Estate
  • Need A Bankruptcy Form or Local Rule For A Mortgage Case?Need A Bankruptcy Form or Local Rule For A Mortgage Case?
  • Arm Yourself For Battle With CreditorsArm Yourself For Battle With Creditors
  • Coronavirus & The LawCoronavirus & The Law
  • Join Me For A Day Of Online Marketing On December 8, 2012Join Me For A Day Of Online Marketing On December 8, 2012

Filed Under: Bankruptcy Practice

[footer_backtotop]

Copyright © 2025 ·Prose · Genesis Framework by StudioPress · WordPress

Theme customization by Rowboat Media LLC