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Services for Creditors

We are well equipped to handle your questions about creditor law.

If you are a creditor having a claim against someone, we may be able to help, even if the debtor has not yet filed for bankruptcy.

Listed here are some of our services specific to creditors.

  • Stay Reliefs – If you wish to evict a Debtor or to obtain possession of collateral, you may need to obtain the Court’s permission by bringing a “motion for relief from stay”, if the debtor has already filed for bankruptcy. This office has brought thousands of “motions for relief from stay” on behalf of creditors.
  • Cash Collateral – If you are a creditor secured by a UCC-1 inventory, you may need this office to represent you against the debtor in ensuring that the debtor does not liquidate the property in which you are secured until strict payment arrangements are made that are to your benefit.
  • Replevins – We can obtain for you possession of personal property being improperly held by others.
  • Objecting to Chapter 13 Plan – Sometimes debtors file Chapter 13 plans that are unduly harsh to your right of repayment. We can review your treatment under the plan and then advise if you should object.
  • Foreclosures – Once you have filed for and obtained relief from stay by retaining this office, we can foreclose upon the debtor’s interest in property. We are experienced at non-judicial Deed of Trust foreclosures, and can advise you on how to properly handle a foreclosure before, during and after a bankruptcy filing.
  • Fraud – If the debtor wrote you a large non-sufficient funds check or fraudulently induced you to extend credit, we may be able to obtain a court ruling that the debt is not to be discharged in the bankruptcy.
  • Leases – Lessors have some strong remedies under bankruptcy law, and we can help you to enforce these rights against the bankrupt debtor.
  • Evictions – We can help you prepare for an eviction by obtaining the required bankruptcy court permission, called a “relief from stay” order.
  • “New Value” cases – If you wish to lend to someone in bankruptcy, we can help increase your chances of full repayment.
  • Intentional Conduct – If the debtor injured you, we can advise you whether the liabilities for the injury might not be discharged through the debtor’s bankruptcy.
  • Preferences – we can help you battle the debtor or trustee if either is asserting that monies paid to you in the weeks or months before the bankruptcy should be returned to the debtor or paid to the trustee.