Finding out that an individual or business that owes you money has filed for bankruptcy can be frustrating. Particularly if you are an unsecured creditor, you may be worried that bankruptcy will prevent you from getting the money that you are owed. These are reasonable fears and it is important to be vigilant about your rights to ensure you receive all that you are entitled.
If the business or individual that owes you money files for bankruptcy, then it is almost a certainty that the debtor will have a bankruptcy attorney advocating for them. To level the playing field, it is important that, as a creditor, you too have an experienced attorney looking out for your interests.
The Law Offices of Melanie Tavare has experience representing both debtors and creditors in all aspects of the bankruptcy process including:
This wide-ranging experience with all facets of the process can be put to work for you. Regardless of the specifics of your situation, our office can analyze the details, explain the potential outcomes, and advocate on your behalf with all parties.
For creditors, one of the most important parts of a Chapter 13 Bankruptcy is the negotiation of or objection to the Chapter 13 plan. Typically, Chapter 13 plans pay debtors pro-rata, meaning that all proofs of claims will be totaled and creditors will be paid their share in proportion to the total. However, creditors may be able to negotiate a “set payment” rather than a pro-rata share. This can be especially beneficial when a debtor has a large amount of debt and many creditors, such that the pro-rate share is small.
In Chapter 7 cases, a secured creditor will often want to file a motion to lift the automatic stay, allowing them to foreclose or repossess the collateral for the debt. An experienced creditor representation attorney will be able to help a secured creditor by promptly filing a Motion to Modify Stay.
For unsecured creditors in Chapter 7 cases, an attorney may be able to file an Adversary Complaint, arguing to the court why the creditor’s debt should not be discharged in the bankruptcy. For example, if the debt was the result of the debtor’s fraud, it may be non-dischargeable.
If you are a creditor and someone who owes you a debt has filed for bankruptcy, the Law Offices of Melanie Tavare may be able to help. Contact us online or call us at 510-255-4646. It is important to contact an attorney as soon as possible to represent you throughout the process. You deserve an experienced attorney who will advocate for you to achieve the best possible result.
The Law Offices of Melanie Tavare are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.