Creditor’s Rights
Protecting the Rights of Creditors When Debtors File Bankruptcy
There are two sides to every bankruptcy: that of the debtor and that of the creditor. MMC can provide legal assistance to creditors when debtors who owe them money file bankruptcy. Bankruptcy contains many pitfalls for unwary or inexperienced creditors such as the automatic stay, the claims filing process, the claims priority scheme, and the binding effects of plan confirmation. If someone who owes you money files for bankruptcy, you need to contact the attorneys at MMC to help you navigate the process, assert your rights, and maximize your recovery. Get in touch with us today to learn more about how we can help.
Bankruptcy Litigation
In bankruptcy, creditors face a number of obstacles as they try to maximize recovery of their claims. For example, creditors and third parties are often targeted as recipients of either a preferential or fraudulent transfer from a bankrupt debtor. Or, the debtor might assert that a creditor has violated a consumer protection statute such as the automatic stay or the Fair Debt Collection Practices Act. Furthermore, some debts are potentially non-dischargeable in bankruptcy because they arose through fraud, embezzlement, or willful injury by the debtor. In bankruptcy, these matters are called “adversary proceedings.” The attorneys at MMC are qualified and experienced in pursuing and defending adversary proceedings and contested matters and are well-equipped to analyze a client’s exposure. We provide representation in all of the following proceedings:
- Violations of the automatic stay or discharge injunction
- Avoidances of preferential payments and fraudulent transfers
- Determinations of whether claims are dischargeable in bankruptcy
- Objections to Chapter 7 discharge
- Claims under the Fair Debt Collection Practices Act
- Bankruptcy trustee’s collection of accounts receivable