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Creditors’ Rights in Bankruptcy

Protecting the Rights of Creditors in Bankruptcy Proceedings

Experienced attorneys serving clients in and around Alameda and Contra Costa Counties

Bankruptcy can be a troubling word for creditors to hear since it can greatly affect the collection process and the number of collection tools available for use. However, experienced lawyers know how to apply for relief from the automatic stay imposed by bankruptcy. When you seek our help at Garcia & Gurney, A Law Corporation, you gain the support of a knowledgeable legal team focused on protecting your best interests and helping you recover debt.

The automatic stay

When a debtor files for bankruptcy, an automatic stay is issued, immediately stopping most legal actions against the debtor. In Chapter 7 and Chapter 13, the debtor can use the automatic stay to stop a creditor from collecting payment. However, the automatic stay offers no protection from court orders against the debtor. An automatic stay does not cover the following:

  • Child support
  • Alimony
  • IRS audits
  • Criminal prosecution
  • Paternity
  • Court ordered restitution

Additionally, if you are a creditor who filed a lawsuit against a debtor and are about to go to trial, with the help of an experienced attorney at Garcia & Gurney, A Law Corporation, you may be able to request relief from an automatic stay.

Objection to discharge

As a creditor, you have the right to file an objection to a Chapter 7 bankruptcy. If your objection is successful, the debtor will be denied a discharge of his or her debts. An objection to discharge may be granted if the debtor fails to obey the law of the bankruptcy court, engages in fraud in regard to the bankruptcy estate, or fails to keep and provide financial records.

Monitor and object to debtor’s plans

Debtors who file for reorganization bankruptcy typically offer creditors several options. If you are a creditor, it is essential that you read the debtor’s plan and understand your rights. In many cases,  a creditor has various choices under a reorganization bankruptcy plan. If you fail to choose an option, it may be assumed that you accepted the debtor’s plan as-is.

Professional counsel for creditors in California

Garcia & Gurney, A Law Corporation provides knowledgeable advice to creditors struggling to collect from debtors throughout the Bay Area. For help with a bankruptcy, labor, employment or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.

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