San Jose Commercial Debt Collection Lawyers

Few things are more detrimental to the success of your business than not being paid for the goods you have provided or for the hard work you have done for your customers.

The California commercial debt collection attorneys at Diemer, Whitman & Cardosi, LLP, offer experienced debt collection assistance to businesses worldwide that are owed money by debtors throughout Silicon Valley, and the San Francisco Bay Area. Each of the partners at our firm has been practicing law for more than 25 years. To learn more about our commercial debt collection practice and the steps we can take to recover your assets, contact our San Jose debt collection lawyers online or call 408-971-6270 to schedule an appointment to discuss your situation.

Debt Collection Litigation and the Bankruptcy Process

When a consumer or business files for bankruptcy, creditors have options and rights. Federal bankruptcy laws provide significant protections to creditors. Creditors have the right to a wide variety of information about the debtor's financial position, including obtaining information additional to that provided by the bankruptcy schedules. We can use those tools to help you resolve your claims favorably.

Adversary proceedings: In the context of commercial debt collection, an adversary proceeding is a lawsuit filed against a debtor during the bankruptcy process. In most cases, this type of action asks the court to rule on the appropriateness of discharging a particular debt. By law, debts incurred through fraud and other bad faith actions fall outside the scope of debt relief that is afforded by the U.S. Bankruptcy Code. The California trial attorneys at Diemer, Whitman & Cardosi, LLP, offer experienced pretrial strategic planning and trial representation to both creditors and debtors facing these types of issues.

Preference litigation: If a debtor paid one of its creditors within 90 days of filing for bankruptcy, allowing the creditor to receive more than it would otherwise receive through the distribution of the bankruptcy estate, that creditor may be subject to a preference action. In this type of litigation, a bankruptcy trustee can recover preferential transfers for the benefit of the bankruptcy estate. Our lawyers defend creditors in preference-avoidance lawsuits filed by the bankruptcy trustee. The California trial attorneys at Diemer, Whitman & Cardosi, LLP, offer experienced pretrial strategic planning and trial representation to creditors facing these types of issues and attempt to prevent or limit the turnover of funds to the trustee.

Contact Our San Jose Business Debt Collection and Litigation Attorneys

If you are concerned that one of your debtors is insolvent, or if you have questions about collecting an unpaid debt from a debtor who has filed for bankruptcy, speak with us. Contact our California debt collection lawyers online or call 408-971-6270 for a free initial consultation to discuss your situation.