Jupiter Creditor Representation Lawyer
Bankruptcy protects the debtor in a number of ways. Importantly, it prevents collections while the debtor moves forward to discharge debt, which can reduce or outright eliminate an otherwise valid debt from ever being collected. As a creditor, you do have a say in this process. As an experienced business lawyer and bankruptcy specialist, Jupiter creditor representation lawyer Julianne Frank can help you enforce your rights and protect your interests, both inside and outside of bankruptcy. If you are a secured or unsecured creditor encountering difficulties in collecting on a debt in Palm Beach or Martin County, contact the Jupiter office of Julianne Frank Law for smart strategies and effective solutions to the challenges you face as a creditor.
Creditor Rights in Bankruptcy
Julianne Frank Law is prepared to protect your rights and represent your interests throughout the course of a bankruptcy proceeding. We’ll make sure your proof of claim is timely and properly filed. We’ll monitor the progress of the case on your behalf and represent you in any related matter, including a section 363 sale of distressed company assets and much more. Below are just some of the chief areas of creditor representation in bankruptcy we provide.
Automatic Stay – In most bankruptcy cases, as soon as the case is filed, an injunction is imposed against creditors, preventing them from starting or continuing an action against a debtor or the debtor’s property. This injunction is known as the “automatic stay,” and it is a powerful and effective tool for the debtor. However, as a creditor, it is important to know that it is possible to obtain relief from the automatic stay, enabling you to begin or resume collection activities. This process involves properly filing and serving a Motion for Relief from Automatic Stay, and having that motion granted by the bankruptcy judge. Julianne Frank Law can expertly prepare a motion for relief and effectively argue that motion before the bankruptcy judge to help you in your collection efforts.
341 Meeting – A required step in any Chapter 7, Chapter 11, Chapter 12 or Chapter 13 bankruptcy is the Meeting of Creditors, also known as a Section 341 Meeting after its section in the bankruptcy code. This meeting is conducted by the bankruptcy trustee, and the debtor is required to be present. Creditors, however, are not required to attend the meeting, and most often do not. However, as a creditor you do have a right to attend this meeting and ask questions of the debtor, such as questions about the debtor’s income, assets and debt, or questions about property which may be underlying a secured debt. It may be advantageous to you as a creditor to attend this meeting. Jupiter bankruptcy attorney Julianne Frank will discuss with you whether or not attend this meeting and can represent your interests and examine the debtor on your behalf.
Payment Plans – Once a payment plan is approved in a chapter 13 individual bankruptcy, creditors are required to submit to the terms of the plan regarding repayment of their debt. Julianne Frank Law can represent your interests in this process and make sure you have a voice in the development of a plan. If a proposed plan would unduly harm your interests, we’ll lodge a timely and proper objection to the plan as authorized under the bankruptcy code.
Adversary Proceedings – In the event you dispute the dischargeability of a debt, Julianne Frank Law can represent you in any bankruptcy litigation to protect your interests, including litigating preferences, avoidance claims, equitable subordination, fraudulent transfers and more.
Creditor Representation in Debt Collection
Outside of bankruptcy, Julianne Frank Law can advise and assist you in the methods of debt collection most likely to secure a swift and positive outcome on your behalf. Contact our office to discuss the legal process for any of the following:
- Wage garnishment
- Liens and attachments
- Execute a promissory note
- Perfect a security interest
- Negotiate a loan workout
- Lawsuits and judgments
Strategic and Effective Creditor Representation in Palm Beach and Martin Counties
For practical advice and professional representation from a Board Certified specialist in individual and business bankruptcy in Florida, contact Jupiter creditor representation lawyer Julianne Frank Law at 561-320-7971.