Legal Question in Bankruptcy in Michigan

adversary case

i have filed an adversary case under my name and our corporate name. I have received notice that only an attorney can represent a corporation. Can I just remove the corporate name wven though, in the creditors section of the bankruptcy case only the corporate name is listed?


Asked on 2/13/09, 8:45 am

2 Answers from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: adversary case

If only the corporation is owed money, then only the corporation has standing to file an adversary.

Do you know how to practice law and are you familiar with the bankruptcy code and procedures? If not, you would be wise to hire an attorney. You can find youself sanctioned if you take certain missteps.

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Answered on 2/13/09, 2:42 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: adversary case

If the corporation is the party in interest, i.e., the party that actually has the claim against the debtor, then the corporation has to be listed, and you'll need to retain a lawyer. Otherwise, if you use a different person or an individual who doesn't have standing to bring the suit, it could be dismissed on that basis alone.

However, you could have the corporation "assign" its interest in the lawsuit/debt over to an individual, who would then have standing to pursue the suit.

If you decide to retain a lawyer to assist you, please contact me.

Thanks.

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Answered on 2/14/09, 9:10 pm


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