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Adversary Suit, Does Creditor Need Counsel?

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    Adversary Suit, Does Creditor Need Counsel?

    If a creditor files an Adversary matter in Bk court are they required to be represented by counsel at the hearing, or can they just file "pro se" like the debtor?

    I have a 2500 local debt that I am kind of worried about, but figure if they have to get an attorney, they might just leave it alone.

    #2
    It depends, I am not sure off the top of my head what the Federal Rules require, but in many Civil Procedures Rules, corporations must appear by an Attorney (now, whether that needs to be an attorney licensed to practice law, or simply someone authorized to act on behalf of the corporation is another question.)

    So long as the person acting on behalf of the company has authority, that person can represent the company.

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      #3
      No, the creditor is not required to have counsel, but with all the peculiarities surrounding Adversary Proceedings, if a creditor is going to go after you, he/she most likely would want to have an attorney. You, most likely would want to have an attorney representing you as well.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

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