San Jose Creditors' Rights Attorneys

Creditors' Rights in Bankruptcy — or How to Get Your Assets Back Even if the Debtor Files

The Bankruptcy Code gives creditors information to allow them to decide if the debtors are worth pursuing, and also provides creditors with significant protections against unpaid debt. Our firm specializes in helping creditors, pre-bankruptcy, plan for the possibility of bankruptcy, evaluating the cost-effectiveness of pursuing a bankrupt debtor, and collecting debts in bankruptcy.

Diemer, Whitman & Cardosi, LLP, provides aggressive advocacy and creative, cost-effective solutions to the problems faced by business creditors, lenders, business owners and a variety of other creditors. In doing so, we use the full complement of tools provided by federal bankruptcy law to protect our creditor clients' rights and to make debtors pay what they owe.

To learn more about your rights and options as a creditor, contact our San Jose debt collection lawyers online or call 408-971-6270 to schedule an appointment to discuss your situation.

Working Hard to Protect Your Rights as a Creditor

Diemer, Whitman & Cardosi's California bankruptcy attorneys all have years of experience. Unlike most bankruptcy firms, Diemer, Whitman & Cardosi's attorneys are also experienced trial attorneys, able to litigate in bankruptcy courts, district courts and state courts. Diemer, Whitman & Cardosi's experience in both bankruptcy and litigation allows them to effectively protect your rights as a creditor.

Diemer, Whitman & Cardosi's attorneys regularly take the following actions to protect creditor clients:

  • Challenging the "automatic stay": In appropriate cases, we challenge the stay granted to debtors that prevents further collection and foreclosure actions being taken once the bankruptcy petition has been filed.
  • Adversary proceeding: File actions allowing creditors to challenge the discharge or existence of certain debts. Examples of nondischargeable debts include debts incurred through fraud or through willful or malicious conduct.
  • Preference litigation: A trustee may be able to recover and return funds to the bankruptcy estate through preference litigation. We defend creditors in these types of actions.
  • Fraudulent conveyances: Filing suit against debtors who pre-bankruptcy transferred assets to others for little or no consideration or, with the actual intent to hinder, delay or defraud a creditor.
  • Challenging lien avoidance: We challenge debtor attempts to remove lien encumbrances from property during the bankruptcy process.
  • Bankruptcy reclamation: During bankruptcy, creditors can "reclaim" property sold to a debtor during the 45 days prior to the debtor's bankruptcy filing. The window of opportunity to do this, however, is fairly small. In other words, do not wait to talk to a lawyer.
  • Commercial debt collection: Our firm provides advice, services and representation to creditors seeking to collect large commercial debts.

Contact Our San Jose Business Debt Litigation Lawyers

If you are a creditor who is having difficulty collecting a debt, we can help. Contact our California creditors' rights attorneys online or call 408-971-6270 to schedule a free initial consultation to discuss your situation.