Creditors (and other non-debtor parties), who proceed pro se (without an attorney) should be aware of the following:
Corporations and Partnerships -- Filing of Paper
- Corporations and partnerships generally may not file papers in a bankruptcy case pro se, and, with certain exceptions listed below, must be represented by an attorney (see Local Rule 9010-1(B)(2) and Legal Assistance).
- But any creditor (including a corporation or a partnership through a non-attorney representative such as a member, officer, or employee) may file pro se any documents that would not constitute the practice of law, including the following documents (or an amended version of these documents):
- Request to Receive All Notices under Fed. R. Bankr. P. 2002(i);
- Proof of Claim (Official Form B410) (including an amended Proof of Claim);
- withdrawal of a proof of claim;
- Notice of Transfer of Claim Other Than for Security (Director's Procedural Form B2100A);
- Application for Search of Bankruptcy Records (Director's Procedural Form B1320);
- Request to Recover Unclaimed Funds;
- Reaffirmation Agreement and Proposed Order regarding that Agreement;
- ballot for voting on the election of a trustee;
- ballot voting on a proposed plan in a chapter 11 case (the plan proponent being responsible for mailing the ballot to the creditor to cast a vote).
Corporations and Partnerships – Participation at the Meeting of Creditors
(the meeting at which the debtor must appear and submit to an examination under oath under 11 U.S.C. § 343):
- Under 11 U.S.C. § 341(c), and notwithstanding any other statute, rule, or state constitution provision to the contrary, a creditor (including a corporation or partnership) holding a claim arising from a consumer debt (including a non-attorney representative of such creditor such as an employee) must be permitted to appear at and participate in the meeting of creditors in a case under chapter 7 or 13 of the Bankruptcy Code.
- Local Rule 2003-1 also applies to the meeting of creditors.
Even though they generally may not appear pro se, corporations and partnerships may find that our For Creditors page has informative topics, including noticing information, Frequently Asked Questions, and claim filing information, which may also be helpful.
Individual Creditor Right to Appear and Participate in Case, and to File Papers
A creditor who is an individual may pursue any matter pro se. Even though an individual may appear pro se, that individual should consider whether to engage an attorney. See Legal Assistance.
If you decide to proceed pro se, continue exploring this website. It has informative topics, including: noticing information, Frequently Asked Questions, and claim filing information, which may also be helpful.