Creditor Representation
Creditor Representation
For more than 30 years, our firm has successfully represented creditors in matters including, but not limited to: Litigation matters, Complaints to Determine Dischargeability of Debts, Motions for Relief from Automatic Stay, Motions to Annul the Automatic Stay, Motions for Adequate Protection Payments, Motions to Convert Cases, Proof of Claims, Motions to Allow Secured/Unsecured Claims, Objections to Plan Confirmation, etc.
Our experience in working on behalf of both creditors and debtors gives us a unique strategic advantage—allowing us to anticipate issues, protect creditors interests, and maximize recovery.
If your customer or client owes you or your business money, fails to pay, and subsequently files for bankruptcy to avoid paying, know that as a creditor you have legal rights that generally can only be adequately protected with effective legal representation. There are essential deadlines that must be met to protect your legal rights as a creditor.
If you do nothing, you may lose your legal rights, the collateral, and your interest in cash collateral, if any.
How—and whether—a creditor is repaid in bankruptcy often depends on multiple factors,
including:
- Whether the claim is secured or unsecured
- Application of the absolute priority rule
- Timely filing of proofs of claim
- Filing objections when appropriate
- Asserting rights to cash collateral
- Filing a competing Chapter 11 reorganization plan, if permitted and where necessary
Missing required deadlines or failing to take action can significantly impair recovery. Creditors who do nothing risk losing loan value, the collateral, and leverage, particularly if the debtor misuses or dissipates cash collateral.
Time is critical! Promptly contacting our office can determine whether or not you achieve full repayment of the obligation owed or a mere fraction of it. We are here to help you protect your rights, preserve your collateral, and to pursue the highest possible recovery.