Legal Question in Bankruptcy in Maryland

Re:

I agree with the other replies that have already

been posted, but I would add a technical point.

It's possible that the debtors have actually filed

for bankruptcy and that they simply left you off

the original Schedule F. If they are handling their

bankruptcy themselves, they may not know how to amend

their forms or they may simply think that since they

have filed for bankruptcy protection, they don't have

to do anything but let you know about it.

The reason I am bringing this up is that I would hate

to see you get your hopes up based on the fact that

they have evidently screwed things up to date. Correcting

this mistake is very easy and, in fact, they'll probably

get a good idea of what they have to do in court when

your case is heard.

If they haven't done so prior to your court date, they

will likely amend their schedule F and send you a

notice of the meeting of creditors. If the meeting

has already taken place, the trustee will hold another

one and, as the other two attorneys have pointed out,

you have a right to go to that meeting.

Re: Child Care Debt

A debt for child care is dischargable in a bankruptcy, but if they have not filed bankruptcy, the statement that they intend to file sometime in the future is meaningless. Once they have filed bankruptcy, you should be sent a notice of the case indicating a 341 meeting of creditors and providing other information. This notice goes out within a few days of their having filed. If you have not received this notice, they probably have not filed. However, to double check, you can contact the clerk of the local bankruptcy court for confirmation.

Re:

Child care is an unsecured debt which can be discharged in bankruptcy. You should look at your contact to see if there is anything in it regarding bankruptcy.

As for the court date, I would keep it until you recieve a notice from the Bankrupcy Court. The notice confirms the filing as well as invites you to attend a 341a hearing.

Until such time as you get notice of the 341a hearing, no bankruptcy has been filed..