What Is A Notice Of Appearance And Request For Service In My Bk 13 Case?

What is a Notice of Appearance in a Bankruptcy Case?

Written past Craig D. Robins, Esq.

There are a number of dissimilar documents that various parties may file with the defalcation court in a typical bankruptcy example. One of them is a "Notice of Appearance."

This is basically a document, normally filed past an attorney for a creditor, indicating that the attorney is representing the creditor in the bankruptcy case, and that the attorney, on behalf of his client, would similar to be served with copies of all documents that the debtor and other parties may be required to serve in the example. A notice of advent usually contains linguistic communication requesting service of papers.

A notice of advent is a very standard and routine type of filing, and is very common in all bankruptcy cases. In consumer cases, they are almost oft filed by secured creditors, particularly mortgagees, who have a vested interest to follow the events in a bankruptcy proceeding.

Bankruptcy Dominion 2002 creates certain statutory requirements for how counsel should serve notice, and this section provides that creditors may designate sure addresses past providing discover.

Bankruptcy Rule 9010(b) provides that an attorney appearing for a party in a case shall file a notice of appearance with the attorney's contact information unless the attorney previously filed a document containing that information.

A creditor will oftentimes file a notice of advent at the aforementioned time it files a movement or proof of claim. Frequently, attorneys who file motions for relief from the bankruptcy stay will besides contemporaneously file a notice of advent if they didn't do and so previously.

Generally, if you are an individual consumer debtor in a Chapter seven or Affiliate thirteen bankruptcy example, y'all do not need to take any action if a creditor files a notice of appearance in your case. However, if you lot serve a motility, you must serve it on all parties in interest (typically the trustee, U.Due south. Trustee, and all creditors listed in the petition) including those who filed a notice of appearance.

If yous are a creditor, and you desire to exist assured of receiving notices in a bankruptcy instance, you should file a discover of appearance and demand for service of papers.

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