New York bankruptcy debtors create, receive, or mentally process dozens of different types of documents, and when their cases are complex or involve adversary proceedings, then the amount of paperwork rises even higher. Debtors might be curious about one of the more common documents that appear early in their cases: the “notice of appearance.” What are these and why is it in your bankruptcy?
Notices of appearance are among the most common documents in any kind of litigation, including bankruptcy cases. In short, they are everywhere, but their actual importance is trivial. A notice of appearance is a document created and filed by a party, almost always a lawyer, stating that he or she represents a party in the case. They can be filed by attorneys for creditors, the debtor, the trustee (if the trustee’s interests become an issue in the case), or any other party.
Notices of appearance and the rules governing them can be found in the Federal Rules of Bankruptcy Procedure, Rule 9010. Subsection (a) authorizes actual parties (or non-parties), e.g. a creditor’s employees rather than its attorneys, as well as their legal counsel to act on their own behalves in the bankruptcy case. The rule is quite broad in allowing anyone who wishes to appear in the case to represent themselves, in part to ensure that the court recognizes relevant parties’ rights to participate in bankruptcy.
When lawyers file notices of appearance, subsection (b) of rule 9010 specifies what information notices must contain. Attorneys must include their names, office addresses, which should include their firm’s names, and telephone numbers. Any attorneys who have already entered this information into the record do not need to file notices of appearance, but they often do so.
What’s the point of filing a notice of appearance? The answer is that parties want to know what’s going on in the bankruptcy case, in particular to receive documents from the court or the other parties. In a bankruptcy case, the court is the hub to the parties’ spokes. Although parties may contact one another, it’s easiest to use the court as the center for this information, especially if problems locating people arise. Notices of appearance frequently contain requests for documents from other parties. Parties usually file them once they first participate in the bankruptcy case, such as filing the petition, proofs of claim, or motions.
Most importantly, while a notice of appearance is important, it’s just a formality, and does not require any action on the debtor’s part.
If you are experiencing financial difficulties, and you want to maximize the advantages of the bankruptcy system while minimizing the daunting paperwork, then talking to an experienced New York bankruptcy lawyer is a strong first step.
For answers to more questions about bankruptcy, the automatic stay, effective strategies for dealing with foreclosure, and protecting your assets in bankruptcy please feel free to contact experienced bankruptcy attorney Brooklyn NY Bruce Weiner for a free initial consultation.