Credit Rights Representation
While bankruptcy laws are mainly meant to protect the debtor, creditors also retain rights under bankruptcy law in these situations. However, if you delay in asserting your rights quickly as a creditor, there is a chance that you can lose them in a bankruptcy case. The Palm Beach Gardens creditor representation attorneys at Markarian & Hayes have a proven track record of success representing creditors in bankruptcy proceedings, and we promise to zealously advocate for your rights.
Creditors’ Rights in Bankruptcy
When a debtor gives notice that they have filed for bankruptcy, creditors still have rights regarding the debt that they are owed. One of the most common times when creditors’ rights are affected is when the bankruptcy court orders an “automatic stay” for the debtor. This prohibits any creditor from seeking reimbursement for their debts. However, a creditor can still petition the court for relief from the automatic stay with an experienced bankruptcy attorney at their side.
Depending on the type of bankruptcy petition filed, creditors have a number of rights regarding the proceeding, the plan, and the debts that are owed. For example, creditors have the right in a Chapter 13 filing to create and submit their own repayment plan if the debtor does not provide an adequate plan to the court. Creditors also have additional rights regarding what is owed if the debt is a priority or secured loan. An experienced bankruptcy attorney will be able to advise you on all of your rights as a creditor and what you can do to affect the outcome of the bankruptcy hearing.
One of the most important functions of creditor counsel is to assist with the filing of a proof of claim in the proceeding. Failure to do so on time and properly can jeopardize your rights.
Our Bankruptcy Attorneys Can Help
Creditors must deal with a wide variety of legal issues during a bankruptcy proceeding, and our experienced attorneys have successfully managed all of the legal aspects of a case on behalf of our clients. Our office has handled many different types of issues representing creditors in bankruptcy cases, including:
- Filing motions of relief from an automatic stay;
- Representing creditors in asset sales;
- Filing proofs of claim;
- Representation in meetings of creditors;
- Litigating preference claims;
- Negotiating with the bankruptcy trustee;
- Objecting to debt discharge;
- Reaffirmation agreements;
- Negotiating the value of a secured claim;
- Responding to motions by other parties involved in the bankruptcy;
- Representation in creditor committee hearings;
- Preparing plans for reorganization or repayment;
- Confirming creditor or committee reorganization or repayment plans;
- Monitoring ongoing bankruptcy cases;
…and other legal services on behalf of the creditors in a bankruptcy case.
Call A Palm Beach Creditor Representation Attorney Today
Just because a West Palm Beach debtor files for bankruptcy, it does not mean that you will be unable to collect on your debt or that you no longer have rights as a creditor. If you need help collecting an unpaid debt from a debtor, let the experienced creditor representatives at Markarian & Hayes help. Call the office or contact us today for a confidential review of your claims.