Protecting the rights of Our Clients
We often are called upon to represent our business clients and persona clients in Bankruptcy court to protect their rights in Bankruptcy Court. Often our clients interest will be contrary to the interest of Bankrupt Debtor who filed for Bankruptcy and to the interest of other creditors, banks or lenders, leases, equity holders, and others in cases involving liens, debt discharge, fiduciary duty, and more. The firm's seasoned litigators have the skills and the knowledge to confidently represent you in federal or state courts to protect your rights.
Protecting the rights of creditors
We will represent our clients best interest and secure our clients contractual and other rights to protect them from the interest of other secured and unsecured creditors, asset purchasers, and equity holders in bankruptcy and post-bankruptcy lawsuits. We handle creditor rights cases involving the following:
File the proof of claim.
Creditors need to file a proof of claim to be able to receive any distribution from a bankruptcy estate's proceeds. We can help you prepare and file the claim and ensure adherence to the claim's strict guidelines.
Getting relief from the automatic stay.
When a debtor files its bankruptcy petition, the action puts in place an automatic stay. While this is intended to strike a balance between the debtor and creditor, there are also procedures to protect lenders, landlords, and other secured creditors whose collateral the debtor uses during the case. .
Defending creditors in adversary proceedings.
A debtor may initiate an adversary proceeding, a post-bankruptcy lawsuit. Usually this is an action to recover money or property or avoid liens. Representing creditors as plaintiffs in adversary proceedings, sometimes our clients will need to file complaints against the bankruptcy estate. Complaints could involve lien priority, revocation of an order of plan confirmation, debt discharge eligibility or objection, and more.
Collecting from the debtor through state court litigation.
We can help creditors collect from the debtor and represent them in court in situations when a debtor fails to comply with bankruptcy code, giving creditors the opportunity to renew collection efforts. The firm can keep a vigilant eye on the case to determine the right time to file and the proper legal action to take for advantageous legal action.