Bankruptcy Law/Chapter 13

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Expert: - 2/23/2009


Question
I am a Billing Manager in Ohio and prior to my arrival, our office did not send anyone to these hearings.  If we do not send representation, does that mean we cannot be included in the repayment plan?

Also, I recently received a notice that a patient's Chapter 13 case was dismissed.  Does this mean that any creditors that did appear at the hearing can now resume billing the patient?  We, however, did not attend the hearing so I assume that we still cannot resume collection proceedings on this account.

Thank you.

Answer
I'm not sure which hearing you are referring to, and practice and procedure may vary from district to district, but in most cases in order to included in the repayment plan, you must file a proof of claim with the court and serve a copy on the debtor and Chapter 13 Trustee.

If a case is dismissed, that means you can resume billing the patient.  Attending hearings has nothing to do with it.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

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Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
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    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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