Protecting Creditors' Rights
During the Bankruptcy Process
As a creditor, the federal bankruptcy code provides you with significant protections against unpaid debt. At the same time, many creditors have legitimate questions about spending time and financial resources on recovering bad debt. It is important to hire an attorney who can not only secure and collect debts from an insolvent consumer or business — but who can accomplish that goal in a cost-effective way.
At Diemer, Whitman & Cardosi, LLP, we provide aggressive advocacy and creative, cost-effective solutions to the problems faced by business creditors, non-banking lenders, business owners, and a variety of other creditors. In doing so, our lawyers 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, call or contact our firm's San Jose, California, law office for a free initial consultation.
Experienced Attorneys Serving Clients
Throughout the San Francisco Bay Area
Each of the lawyers at our firm has at least 25 years of trial experience and can effectively protect a creditor's rights in several ways. These include:
- 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: This is the process where a creditor can challenge the discharge or existence of certain debts. Examples of non-dischargeable debts include debts incurred through fraud or through willful or malicious conduct.
- Preference litigation: If a debtor satisfied another business's debts within 90 days of filing for bankruptcy, a trustee may be able to recover and return those funds to the bankruptcy estate through preference litigation.
- Fraudulent conveyances: A fraudulent conveyance is a pre-bankruptcy transfer of assets made by a debtor 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 non-exempt 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.
To speak to an experienced lawyer about creditors' rights during bankruptcy, call or contact Diemer, Whitman & Cardosi, LLP, for a free initial consultation.
