Indiana Bankruptcy Attorney Protects Creditors' Rights
Fort Wayne law firm uses more than ten years of experience to find debt relief solutions
While bankruptcy laws are quite compassionate towards individuals who’ve fallen on hard times, they can be harsh on creditors who are forced to absorb a loss that helps finance the debtor’s fresh start. However, if you’ve received a notice of bankruptcy by someone who owes you money, don’t assume that you have no rights. Attorney Steven J. Bradford has been helping creditors assert their rights towards debtors in bankruptcy for more than ten years. At Bradford Law Office, we can advise you on the steps to take to improve your chances of being repaid. We are available to assist you in cases related to:
Chapter 7 bankruptcy
Chapter 11 bankruptcy
Chapter 13 bankruptcy
What an “automatic stay” means to a creditor
An automatic stay is an injunction by the bankruptcy court that immediately prohibits creditors from seeking repayment of debts from the debtor. It doesn’t mean you’re out of luck. Bradford Law Office assists creditors in reviewing a debtor’s bankruptcy filings to see precisely where opportunities exist for the creditor to advance his claim. We are aggressive in meeting the court deadlines, which come quickly and require detailed responses. We take the stress off our clients’ shoulders.
Secured versus unsecured debt
A loan that is secured by collateral gives the creditor a lien against a debtor’s asset. This may be a huge advantage in bankruptcy court, where secured creditors might go to the head of the line. Often the issue is cut and dried, but where there is ambiguity about whether a debt is secured, a skilled attorney can make the difference to a creditor’s chances of recovery.
The honesty requirement
The U.S. Supreme Court has stated that the Bankruptcy Code “gives to the honest but unfortunate debtor...a new opportunity in life….” If the debtor took on the debt in bad faith or through some kind of dishonest manipulation, he can’t discharge that debt. Likewise, if you believe there is misrepresentation or fraud in the debtor’s bankruptcy petition, such as attempting to hide assets, you must bring those objections to the court. An experienced bankruptcy attorney can present a clear and convincing argument to help your cause.
Contact a bankruptcy attorney for a consultation
If you delay asserting your rights, you can easily lose them. Call Bradford Law Office at 260-459-6678 or contact our office online to schedule an appointment with a seasoned bankruptcy attorney dedicated to helping creditors.