Upholding Creditors Rights In Bankruptcy Cases
The financial future of your company largely depends on how successfully you collect from your debtors. When a debtor files bankruptcy, there is a risk that you may never retrieve the funds rightfully owed to you. Retaining an experienced attorney can help you in recovering your investment. At Spencer & Mulally, we provide a respected legal team to represent our clients’ needs.
We understand, in business, the bottom line matters. Our firm evaluates each case and only suggests action we believe will be sound financial decisions for our clients. Our lawyers are experienced in debt collection cases and admitted to all bankruptcy courts in California. We serve local and out-of-state clients.
Our firm uses technology to serve our clients in the most efficient manner possible. We are trained to electronically access bankruptcy courts in many states. We maximize time by using electronic case files which allow us to access documents, research information and schedules in mere seconds. Utilizing technology permits us to provide you with greater service at a smaller cost.
At Spencer & Mulally, we aspire to supply our clients with every advantage available. We will pursue retrieving your debt by means of automatic stay relief, 341a hearings, preference action defense and other forms of litigation.
Automatic Stay Relief
When a debtor goes into bankruptcy, an automatic stay goes into effect. The automatic stay prevents creditors from enforcing their claims against the debtor. As a creditor, you have the right to adequate protection. On your behalf, we will elicit appraisers to assess the value of the assets you wish to recover. Our firm will work quickly to file a motion for relief from stay. Doing so will allow us to represent your interests in court. We will attempt to reach a settlement where you receive periodic cash payments or recover your property.
When a debtor files for bankruptcy, a 341a hearing is scheduled by the bankruptcy court in which all of that debtor’s creditors are assembled. In this proceeding, it is important to have knowledgeable legal representation in order to establish that your debt claims are properly heard. We have served our clients in these hearings many times.
Debtor Not Properly In Bankruptcy
Sometimes we determine that a debtor is not properly in bankruptcy. If this is true in your case, we will litigate to remove the proceedings from under the bankruptcy umbrella so that you can retrieve the entire amount owed to you.
To discuss your case and schedule a free initial consultation, contact us. We look forward to hearing from you.