I have a claim filed a bankrupcy case in Reno.
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I have a claim filed a bankrupcy case in Reno. Recently, I received a letter FROM THE Defendents BANKRUPTCY Attorney- [REDACTED] - that they object to my claim. my claim is for $******. there is no notice of hearing on this objection, although i assume I can respond to the court. I need someone there. Is that you? If YES, please CALL me at *** *** ****. Im on EST time zone.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: To clarify, you made a creditor claim? Did they suggest the reasons why they refused?
Hi ****** - I tried calling earlier and I left a voice message. The bottom line for you here is that there are only a certain number of reasons for an objection, such as the claim being untimely, a claim that is unenforceable (e.g. outside of the statute of limitations), it's an attorney claim, it's unmatured interest, or it's related to a rejected lease during the bankruptcy proceeding. So what this means is: 1. Nearly anything can be used as evidence. This is including, but not limited to, written testimony, oral testimony, text messages, photographs, videos, public records, police reports, medical records, etc. This means if you can find contracts or receipts or emails then you will have a good chance to fight this. 2. Then, you need to dispute their objection. You can file a response with anything you have attached. Once you file your response, the court may set a hearing date. You will need to call the court clerk for this. 3. At the hearing, both you and the objecting party will have the opportunity to present your arguments to the judge. This is your chance to explain why your claim should be allowed, respond to their objections, and clarify any misunderstandings about your claim. 4. There may be a hearing scheduled already, so if there is, check the docket and you can draft something, file it, then appear at the hearing to make your case. So how do you make your case orally? 1. Organize your evidence in a clear and logical manner so that you can easily present it to the judge. Create a chronological timeline of events if it helps clarify your case. 2. Plan what you will say in court. Practice presenting your case succinctly and clearly. 4. Make sure to bring all relevant documents, evidence, and any other materials you may need for the hearing. Does that help clarify things? I want to make sure I didn’t leave anything out.
Simply stated, they opposed the claim because my contract was with [REDACTED], w wholly owned subsidiary of [REDACTED], and [REDACTED] as a subsidiary is not in bankruptcy. The principal of [REDACTED] was on the board of [REDACTED] and may have been a corporate office, but Im not sure. [REDACTED] has since closed it doors. I find it clever that [REDACTED] probably paid them for sales and property managment, and they closed before paying bills like mine, keeping all the money? I dont know the tru status. [REDACTED] is going thry a Chapter 11 reorganization. They are related and maybe THEY owe me the money. the claim is $******. I would consider a contingency situation if you determine there is something here
I hear you! So in this case, I would argue that [REDACTED] is an asset of [REDACTED] and that it unless [REDACTED] was spun off to a new owner, then its assets are subject to the bankruptcy estate, so you have a right to make a claim. I'm flattered, but the problem is the site doesn't let us represent customers. I'm very sorry. I don’t have any contacts but try clicking here Also, try this link - https://www.lawyerlegion.com/lawyer-referral-directory You can also try Lawrina - https://lawrina.org/match/ Sometimes, the local law schools can provide free legal assistance, too. Yelp.com is a surprisingly good place to find lawyers. You can also find lawyer on the Legal Services Corporation website. The LSC is an independent non-profit organization authorized by Congress in 1974 to help people find legal aid services (https://www.lsc.gov/what-legal-aid/find-legal-aid). You can also return to this site and ask questions to me as you go through this process to keep your costs down. I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
I like the answer, of course, and that is my position. the objection letter was sent to me on [REDACTED]. I received around [REDACTED]. How do I object to the objection? is there a hearing associated with this? where and to whom do I provide a written response? Im a bit lost on procedures and resources.....BTW, this is a big bankruptcy...
Sure thing! 1. Ok you can draft a written response to the objection. Include the following: - A rebuttal to the reasons stated in the objection. - Evidence supporting your claim, such as contracts, communications, invoices, and payment records. Organize these documents logically and attach them as exhibits to your response. - A concise explanation of why your claim is valid and should be allowed in the bankruptcy case. Like we discussed, you'd argue here that the company is an asset of the bankruptcy petitioner, so you have a right to the claim. 2. Then, file your written response with the bankruptcy court handling the case. Use the case number ([REDACTED]) and include all necessary information. You need to maila copy to the debtor's lawyer and mail a copy to the trustee. You can get that information from the clerk or prior paperwork. 3. Then, c Check the bankruptcy court docket to see if a hearing is already scheduled regarding the objection to your claim. You can access the docket online (via PACER) or by contacting the clerk’s office. If no hearing is scheduled, contact the clerk of the court and request to schedule one. 4. If a hearing is scheduled, prepare to present your argument. It will require some practice, but at the hearing, be sure to bring all relevant documents and evidence. If a hearing has not yet been scheduled, work with the clerk to get one on the calendar as soon as possible.
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