My question involves bankruptcy in the state of California.
Hello and thank you for your time. I am a licensed contractor, creditor in a Chapter 11 bankruptcy in California. In July I filed a Proof of Claim for funds owed me by homeowner (Debtor) for services. The contract was $20,000 of which $4,000 is outstanding and is not in dispute. I have not hired a lawyer in this matter; there hasn't seemed a need to.
A month ago I received a Notice of Claims Bar Date, giving the last day to file an amendment to any claim. Since I had no amendment to make, I would have properly ignored this Notice, except for one thing--I realized I had never received the Schedule of Assets and Liabilities of debtor referred to in the Notice and by which I could have verified that my claim was indeed on the Schedule and in the correct amount. So I decided just to be on the safe side, I'd file a duplicate claim, thinking at least it couldn't hurt.
I now realize that instead of filing a duplicate claim, it would have been better for me to call their office and request that the Schedule be sent to me, to eliminate my doubts. (Water over the dam...)
Yesterday, to my shock, I found a message from Debtor's attorney on my voicemail saying that he will seek sanctions against me for contempt because my two Claims are identical, if I do not withdraw one of the claims by the end of this week.
Because of the implied threats and blustering tone of the message he is apparently suggesting something nefarious on my part. As I see it, the worst I've done is made an error in protocol.
My question is how to respond. Because of his adversarial tone, I'm thinking that it won't be enough to simply call or write his office requesting to withdraw the duplicate claim (and to send the Schedule), but that something more formal is required of me in response.
What is my best course of action? Thank you.