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  1. #1

    Default Why Did I Get Notice of Someone Else's Filing

    My question involves bankruptcy in the state of: CA

    I received a notice for a "meeting of creditors" of a filing done by my roommate/landlord, who is in foreclosure and the property was supposed to go to auction, but seems to have not.

    The notice is 2 pages. The first page is "Form B9A" ... "Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines". right under that it notes the following:

    "A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on 11/8/2011. You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the bankruptcy clerk's office cannot give legal advice."

    It then lists the debtor, case number, and attorney information. After that is info. on "Meeting of Creditors", "Presumption of Abuse under 11 U.S.C 707(b)", "Deadlines", Deadline to Object to Exemptions", "Creditors May not take Course of Action", "Please Do Not File a Proof of Claim Unless You Receive a Notice to Do So".

    On the back of the first page is a list of explanations. The 2nd page mentions "Notice of Appointment of Interim Trustee", "Trustee Requirements", "Dismissal of Case", "Notice of filing of Financial Management Course Certificate" and "Bankruptcy Fraud".

    Why am I receiving this notice? I sent a message to my roommate asking why, but have not received a reply. I am completely lost about what I'm supposed to do with this.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Why Did I Get Notice of Someone Else's Filing

    As a tenant you potentially have an interest in the proceedings (security deposit, etc...). If you want to blow off any claims, feel free to ignore it.
    You should be forming your question to the trustee NOT your deadbeat roommate.

  3. #3

    Default Re: Why Did I Get Notice of Someone Else's Filing

    Quote Quoting flyingron
    View Post
    You should be forming your question to the trustee NOT your deadbeat roommate.
    Thank you.

  4. #4

    Default Re: Why Did I Get Notice of Someone Else's Filing

    Update:

    I found out why I'm listed in the bankruptcy. It does not have anything to do with him owing me anything. It's what he thinks I have not paid him...rent specifically. He's thinking of trying to claim back rent, but does not seem to think he'd be able to claim. He's got me down as unsecured nonpriority and states "Potential claim against roommate for back rent. Roommate hasn't paid him rent for sometime. They have a verbal agreement that she would pay $600/mo. She has yet to pay. He believes uncollectible because she does not have a job". In schedule F "amount of claim" is "unknown".

    This is mostly false. Yes, there was a verbal agreement ($700 from what I remember; he has down $600), but rent was paid.

    What do I do with this?

  5. #5
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Why Did I Get Notice of Someone Else's Filing

    This is not a Schedule F claim. Schedule F is where a debtor lists debts he/she owes, not debts owed to him/her. You were probably listed on F to make sure your name and address showed up on the master mailing list - or he simply did not know how to list the claim he may have against you.

    This IS a Schedule B (personal property list) asset as the debtor believes someone owes him money. It is a potential asset of the bk estate and, if he filed a Chapter 7 you may, and I stress the word "may" get a call from the Trustee to hear your side of the story. In the meantime, forget about it.

    Des.

  6. #6

    Default Re: Why Did I Get Notice of Someone Else's Filing

    Quote Quoting despritfreya
    View Post
    This is not a Schedule F claim. Schedule F is where a debtor lists debts he/she owes, not debts owed to him/her. You were probably listed on F to make sure your name and address showed up on the master mailing list - or he simply did not know how to list the claim he may have against you.

    This IS a Schedule B (personal property list) asset as the debtor believes someone owes him money. It is a potential asset of the bk estate and, if he filed a Chapter 7 you may, and I stress the word "may" get a call from the Trustee to hear your side of the story. In the meantime, forget about it.

    Des.
    I know what Schedule F is for, but I'm on there and also listed on Schedule B and C and have received notice for the meeting of creditors.

    I've inspected the documents and received a copy. Schedule B states the quote above ("Potential claim against roommate for back rent. Roommate hasn't paid him rent for sometime. They have a verbal agreement that she would pay $600/mo. She has yet to pay. He believes uncollectible because she does not have a job") and "value of interest" is noted $1. On Schedule F the amount of claim is "unknown".

    Last night I went through the papers again and again making notes and question marks. I'm near lost on this, which is a little better than how I felt a couple days ago (completely lost). I'm going by what I'm seeing on these documents. I'm still not sure of what to even ask and to who.

    Just to note...I do not trust the trustee.

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