Creditors’ Rights

Atlanta, Georgia Creditor and Lender Rights Attorneys in Bankruptcy Proceedings

The Atlanta, Georgia Creditors’ and Lender’s Rights Lawyers at The Libby Law Firm focus their practice on the representation of creditors in bankruptcy proceedings. Our creditors’ rights attorneys understand the details regarding the procedural aspects of the bankruptcy process. Creditors’ rights in bankruptcy are governed by certain provisions in the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and local rules of each district’s bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases — these rules set forth the formal legal procedures for dealing with the debt problems of individuals and businesses. Navigating the Bankruptcy Code can be complicated and time consuming but our Georgia creditors’ rights attorneys have experience fighting for the rights of creditors and businesses including secured lenders, landlords and general creditors by using the rights under federal bankruptcy law to make debtors pay what is owed.

Some of the ways our Georgia creditors’ and lender’s rights attorneys use the bankruptcy code to protect creditors’ interests include:

• Relief from stay: We will challenge the automatic stay granted to debtors that automatically stops lawsuits and other collection activity against the debtor the moment a bankruptcy petition is filed.
  
  
• We represent creditors in 341 meetings: Section 341 of the Bankruptcy Code establishes parameters where a debtor is questioned under oath by creditors, a trustee, examiner or the U.S. trustee about their financial affairs. This is sometimes called a creditors’ meeting.
  
  
• Non-dischargeability actions: Certain debts cannot be eliminated in bankruptcy– including home mortgages, debts for alimony or child support, certain taxes, debts arising from death or personal injury caused by DUI. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files a nondischargeability action. Our Firm represents clients in any of these scenarios.
  
  
• Adversary proceeding: If appropriate under Fed. R. Bankr. P. 7001, we can challenge the discharge or existence of certain debts by filing a lawsuit. Additionally, we can pursue pending litigation even if a party has declared bankruptcy.
  
  
• Preference litigation: If a debtor satisfied another business’s debts within 90 days of filing for bankruptcy, that business may be subject to preference litigation, which means that business can be brought into the bankruptcy proceeding. We can bring these businesses into the case which gives the creditor more monetary compensation than the creditor would receive in the debtor’s Chapter 7 case.
  
  
• Lien avoidance: We can challenge the debtor’s attempts to remove lien encumbrances from property during bankruptcy and can enforce the creditors’ right to take and hold or sell the property of a debtor as security or payment for a debt or duty.
  
  
• Bankruptcy reclamation: During bankruptcy, creditors have a certain period to collect property sold to a debtor. We can help in obtaining this property.

To speak to an experienced Atlanta lawyer about creditors’ rights during bankruptcy, contact The Libby Law Firm. Our Firm represents clients throughout Atlanta, Georgia as well as clients throughout the United States who have federal cases in the Northern District of Georgia.