Creditor Representation in Bankruptcy

Creditor Representation in Bankruptcy

At the Law Offices of Hindley & Henderson, we have over 30 years of helping people navigate through every bankruptcy situation, including creditor representation. If someone who owes you money has filed for bankruptcy, timely and skillful negotiation could help the situation considerably. Contact us immediately for a free initial consultation and to discuss your next steps.

Protect Your Secured Position

If you are a creditor in a bankruptcy proceeding, it is essential to be aware of your rights in order to maximize potential recovery of your claim and, if applicable, prevent the impairment or removal of your secured position. It is important to call the Law Offices of Hindley & Henderson immediately to become informed on your situation.  You must avoid missing a deadline that could bar your recovery, impair your security instrument, or allow a nonpaying tenant continued possession of your property.

Maximize Potential Recovery of Your Claim

Just because a debtor has filed for bankruptcy does not mean the debt will automatically be discharged. Depending on the facts leading up to the filing you may be able to recover all or part of your claim. This can be accomplished through claim filing and, in some instances, bringing a legal action in the bankruptcy court objecting to the debtor’s discharge of your claim.

Ensure that Your Note is Being Paid!

Secured creditors, such as those that provided real estate loans, pink slip loans, or carry-back financing, must be careful to ensure that their claim is not crammed down, stripped, or otherwise improperly treated in a bankruptcy. Ensuring that your note is being paid moving forward and any pre-bankruptcy arrearages are paid through the bankruptcy are our goals. Stay relief motions can be brought at any time during a pending bankruptcy to allow the creditor to enforce their rights against the collateral.

Prevent Tenants from Abusing the Bankruptcy Stay

Tenants sometimes seek bankruptcy protection to prevent or delay a landlord from evicting them. Without proper bankruptcy representation, a landlord can go months without rents being paid. We have successfully represented numerous landlords and assisted them in regaining possession of their property with stay relief motions. In most instances, once possession is obtained the landlord can still assert a claim for unpaid rents in the bankruptcy.

Debtor Have Chapter 11? Don’t Wait!

Unsecured creditors in Chapter 11 cases are entitled to vote on the debtor’s plan. Creditors often need sound advice as to the fairness and feasibility of the debtor’s Chapter 11 plan before they intelligently vote on it. We have the knowledge and experience to review and advise a voting creditor on a debtor’s Chapter 11 plan. Voting rights are time sensitive and must be acted on quickly.

We Can Help!

The Law Offices of Hindley & Henderson and their staff will analyze the situation to inform you of your options, advise which of them is the most cost effective, and make sure your voice is heard and interests are protected.

Contact Us for Creditor Representation Services

Please call our office to discuss creditor representation services. We offer a free initial consultation. Don’t wait – many of these situations are extremely time sensitive. Contact us to schedule your free initial consultation today.