As a creditor, you have rights despite a debtor’s bankruptcy. However, in order to assert your claim you will need an attorney who has the experience litigating in bankruptcy court and knows which types of claims are the most viable. The Brownstein Firm will help you evaluate your creditor claim and the chances of having it removed from bankruptcy protection, or the chance of preserving the debt for post-bankruptcy legal actions. If this applies to you, call us ASAP as time limits apply.
How Can a Creditor Make a Claim in Bankruptcy?
Creditors do have rights when a debtor files for bankruptcy. Although the court intervenes to halt collections actions through the automatic stay, you may still have remedies available to you. The Brownstein Firm is prepared to litigate on your behalf in certain circumstances where you are entitled to a remedy such as:
- Challenging the debtor’s right to discharge your claim.
- Contesting the priority of other creditors over your own claim.
- Obtaining relief from the automatic stay (sometimes on an emergency basis).
- Questioning the debtor under oath in court about their assets or finances.
- Maximizing the opportunity from a debtor’s failure to follow bankruptcy rules, and thereby re-opening the door to collection actions.
A key consideration in deciding to litigate is whether there are sufficient assets to pay the claim, making the time and expense worthwhile.
Most debts listed in a bankruptcy will be protected from collections or legal action by the automatic stay against creditors. However, obtaining relief from the automatic stay is something that we may be able to obtain, depending on the circumstances. We can also bring litigation to have the debt adjudged as non-dischargeable.