Bankruptcy

When filing BK, you meet with the creditors. When do you ask for the original notes. How do you verify they are in fact the holders in due course? Thank you.

Dear God. Do you REALLY think that EVERYONE who goes bankrupt sits down over coffee with their creditor??? You do NOT "meet with creditors"----perhaps a fine Russian tea, perhaps? YOU give your attorney the names, addresses, notes, etc. that YOU owe your creditors and HE or SHE contacts them and handles his portion of the paperwork. How do you get original notes? You go to the folder you kept your paper work in----you of legal age an and adult, right?? Just take a mosey over to your folder in which you keep critical documents and grab 'em. Want to verify they are the holders in due course? Look at your last bill from them. Is their name still there? Have you received notification to the contrary ( i.e. that the note was sold to another holder, etc)----Elementary.

This tutorial brought to you by Watson.

The "Meeting of the Creditors" is an opportunity for the creditors to ask the debtor a few basic questions in order to best determine their rights with regard to the bankruptcy. It's not an opportunity for the debtor to ask for proof of the debt from the creditor. The creditor will provide the trustee and court with proof when it files a "Proof of Claim."

The debtor does not need to determine whether a creditor in possession of a note is a holder in due course, unless the debtor thinks he has a viable defense against honoring the note.

I would dare say that most people who declare bankruptcy and use an attorney to do so allow the attorney do handle any interaction with the creditors. I know even a cursory perusal of any phone book or news paper advertise in loud print "STOP CONTACT BY CREDITORS, CALL ATTORNEY SO AND SO".

Of course, if you don't hire an attorney, this interaction would be the debtors responsibility. But, creditors contacting debtors after they have retained an attorney is against the law in my state.

Just my two cents.

CHANGE PLEASE?

Your post isn't worth two cents.

Bankruptcy Code
§ 343. Examination of the debtor

The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341 (a) of this title. Creditors, any indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor. The United States trustee may administer the oath required under this section.

Which is precisely WHY I asked for change. I'll wait a moment for you to catch up.

Notice the word "MAY"----that doesn't change the fact that people HIRE attorneys to deal with creditors FOR them and to assist them in manuvering through the labrynth of complicated bankruptcy laws. And it is against the law for creditors to contact, ask for payment, harass, etc. a debtor after the services of an attorney is retained.

So far as this thread is concerned, the operative word in the law I quoted is "shall" not "may." The debtor shall appear for questioning at the meeting of the creditors regardless of whether or not the debtor has legal counsel.

The OP wasn't asking about other types of contact between a creditor and a debtor. Your "advice" in this thread was faulty.