Form B9f - Notice Of Chapter 11 Bankruptcy Case, Meeting Of Creditors, & Deadlines (Page 2 of 2) in pdf

EXPLANATIONS

B9F (Official Form 9F ) (12/11)

Filing of Chapter 11

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

Bankruptcy Case

filed in this 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

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

May Not Take Certain

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

Actions

actions to collect money or obtain property from the debtor; repossessing the debtor’s property; and

starting or continuing lawsuits or foreclosures. 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’s representative 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). 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 § 1141 (d) (6) (A), 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.

Bankruptcy Clerk’s

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

Office

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

Address

rights in this case.

Refer To Other Side For Important Deadlines and Notices

Form B9f - Notice Of Chapter 11 Bankruptcy Case, Meeting Of Creditors, & Deadlines Page 2

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