Form B9e - Notice Of Chapter 11 Bankruptcy Case, Meeting Of Creditors, & Deadlines (Page 2 of 2) in pdf

EXPLANATIONS

B9E (Official Form 9E) (12/11)

Filing of Chapter 11

A bankruptcy case under Chapter 11 of the Bankruptcy Code (title 11, United States Code) has been filed in this

Bankruptcy Case

court by or against the debtor(s) listed on the front side, and an order for relief has been entered. Chapter 11

allows a debtor to reorganize or liquidate pursuant to a plan. A plan is not effective unless confirmed by the

court. You may be sent a copy of the plan and a disclosure statement telling you about the plan, and you might

have the opportunity to vote on the plan. You will be sent notice of the date of the confirmation hearing, and you

may object to confirmation of the plan and attend the confirmation hearing. Unless a trustee is serving, the debtor

will remain in possession of the debtor’s property and may continue to operate any business.

Legal Advice

The staff of the bankruptcy clerk’s office cannot give legal advice. Consult a lawyer to determine your rights in

this case.

Creditors Generally May

Prohibited collection actions are listed in Bankruptcy Code § 362. Common examples of prohibited actions

Not Take Certain Actions

include contacting the debtor by telephone, mail, or otherwise to demand repayment; taking actions to collect

money or obtain property from the debtor; repossessing the debtor’s property; starting or continuing lawsuits or

foreclosures; and garnishing or deducting from the debtor’s wages. Under certain circumstances, the stay may be

limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay.

Meeting of Creditors

A meeting of creditors is scheduled for the date, time, and location listed on the front side. The debtor (both

spouses in a joint case) must be present at the meeting to be questioned under oath by the trustee and by

creditors. Creditors are welcome to attend, but are not required to do so. The meeting may be continued and

concluded at a later date specified in a notice filed with the court. The court, after notice and a hearing, may order

that the United States trustee not convene the meeting if the debtor has filed a plan for which the debtor solicited

acceptances before filing the case.

Claims

A Proof of Claim is a signed statement describing a creditor’s claim. If a Proof of Claim form is not included

with this notice, you can obtain one at any bankruptcy clerk’s office. You may look at the schedules that have

been or will be filed at the bankruptcy clerk’s office. If your claim is scheduled and is not listed as disputed,

contingent, or unliquidated, it will be allowed in the amount scheduled unless you filed a Proof of Claim or you

are sent further notice about the claim. Whether or not your claim is scheduled, you are permitted to file a Proof

of Claim. If your claim is not listed at all or if your claim is listed as disputed, contingent, or unliquidated, then

you must file a Proof of Claim or you might not be paid any money on your claim and may be unable to vote on a

plan. The court has not yet set a deadline to file a Proof of Claim. If a deadline is set, you will be sent another

notice. A secured creditor retains rights in its collateral regardless of whether that creditor files a Proof of Claim.

Filing a Proof of Claim submits the creditor to the jurisdiction of the bankruptcy court, with consequences a

lawyer can explain. For example, a secured creditor who files a Proof of Claim may surrender important

nonmonetary rights, including the right to a jury trial. Filing Deadline for a Creditor with a Foreign Address:

The deadline for filing claims will be set in a later court order and will apply to all creditors unless the order

provides otherwise. If notice of the order setting the deadline is sent to a creditor at a foreign address, the creditor

may file a motion requesting the court to extend the deadline.

Discharge of Debts

Confirmation of a chapter 11 plan may result in a discharge of debts, which may include all or part of your debt.

See Bankruptcy Code § 1141 (d). Unless the court orders otherwise, however, the discharge will not be effective

until completion of all payments under the plan. A discharge means that you may never try to collect the debt

from the debtor except as provided in the plan. If you believe that a debt owed to you is not dischargeable under

Bankruptcy Code § 523 (a) (2), (4), or (6), you must start a lawsuit by filing a complaint in the bankruptcy clerk’s

office by the “Deadline to File a Complaint to Determine Dischargeability of Certain Debts” listed on the front

side. The bankruptcy clerk’s office must receive the complaint and any required filing fee by that Deadline. If

you believe that the debtor is not entitled to receive a discharge under Bankruptcy Code § 1141 (d) (3), you must

file a complaint with the required filing fee in the bankruptcy clerk’s office not later than the first date set for the

hearing on confirmation of the plan. You will be sent another notice informing you of that date.

Exempt Property

The debtor is permitted by law to keep certain property as exempt. Exempt property will not be sold and

distributed to creditors, even if the debtor’s case is converted to chapter 7. The debtor must file a list of property

claimed as exempt. You may inspect that list at the bankruptcy clerk’s office. If you believe that an exemption

claimed by the debtor is not authorized by law, you may file an objection to that exemption. The bankruptcy

clerk’s office must receive the objection by the “Deadline to Object to Exemptions” listed on the front side.

Bankruptcy Clerk’s Office

Any paper that you file in this bankruptcy case should be filed at the bankruptcy clerk’s office at the address listed

on the front side. You may inspect all papers filed, including the list of the debtor’s property and debts and the

list of the property claimed as exempt, at the bankruptcy clerk’s office.

Creditor with a Foreign

Consult a lawyer familiar with United States bankruptcy law if you have any questions regarding your rights in

Address

this case.

Refer To Other Side For Important Deadlines and Notices

Form B9e - Notice Of Chapter 11 Bankruptcy Case, Meeting Of Creditors, & Deadlines Page 2

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