Bankruptcy

The Firm represents its creditor clients in all aspects of bankruptcy. The Firm’s frequent actions
in bankruptcy cases include the following.

 

All Chapters

  • Review and analyze effect of filing on secured or unsecured claim
  • Prepare and file proof of claim
  • Prepare and file Motions for Relief from Automatic Stay allow the client to recover and protect its real or personal property collateral, and/or to proceed with judicial or non-judicial foreclosure against commercial or residential real property

 

Chapter 7

  • Oppose motions to avoid non-consensual liens against real estate
  • Analyze whether grounds exist for proceeding with a Complaint Objecting to Dischargeability of the client’s Debt under 11 U.S.C. § 523 or objection to Debtor’s discharge under 11 U.S.C. § 727 (applicable in Chapters 13 and 11 also)

 

Chapter 13

  • Review and analyze effect of proposed Chapter 13 Plan on secured and/or unsecured claims
  • Prepare objections to confirmation of Chapter 13 Plan
  • Oppose motion/complaints seeking to strip junior liens secured by real estate (applicable in Chapter 11 also)

 

Chapter 11

  • Objections to proposed Chapter 11 Disclosure Statements and Plans
  • Working with Debtor’s counsel to restructure creditors’ plan treatment
  • Opposing motions for use of the creditor’s cash collateral
  • Preparation of stipulations for sequestration, use, turnover of collateral
  • Oppose/support motions for sale of real or personal property
  • Evidentiary hearings re valuation of property, appropriate interest rate for modified loan
  • Bankruptcy Defensive Actions
  • Defense of preference claims
  • Defense of fraudulent conveyance actions