Representing Lenders, Banks and Creditors in Bankruptcy Proceedings and Debt Collections
Creditors such as banks, finance companies and other lenders have a variety of tools at their disposal to enforce collection of a debt. Once the debtor files for bankruptcy, however, the situation changes dramatically for the creditor. Attorney Ron Kaniuk has decades of experience representing creditors in bankruptcy proceedings and helping them recover payment of loans and other debts. The Kaniuk Law Office can provide you with the advice and representation you need to protect your vital interests before, during and after a debtor’s bankruptcy petition.
Protecting Creditors’ Rights in Bankruptcy
Outside of bankruptcy, creditors have many options open to them to recover assets or collect receivables. These tools include executing promissory notes, perfect security interests, engaging in loan workouts, litigating loan disputes, foreclosing on notes and liens, repossessing property, or instituting garnishments or attachments. However, once a debtor files for bankruptcy, an automatic stay of any such proceedings is put in place, and all collection activity must cease during the bankruptcy. Sadly for the creditor, this is the time during which they may see their receivable drastically reduced or even discharged in bankruptcy. Importantly, it is possible for creditors to apply to the court for relief from the stay, and the Kaniuk Law Office can help you obtain that relief so you can resume collection efforts, even during the pendency of a bankruptcy proceeding.
Collection activity aside, it is vitally important that the creditor be well-represented throughout the bankruptcy proceeding, with a skilled and knowledgeable attorney actively participating where necessary to protect the creditor’s interest. In addition to applying for relief from the automatic stay, the Kaniuk Law Office can file your proof of claim and monitor the case to make sure your rights are protected. We make sure you have a say in the development of any payment plan as needed, and that any objections you have to the plan are raised in a timely and appropriate manner.
The Kaniuk Law Office represents secured and unsecured creditors in all aspects of bankruptcy and related proceedings, including:
- Negotiating workouts and informal arrangements with the debtor
- Asset and claim reviews
- Cash collateral issues
- Landlord/lease issues
- Sale and purchase of business or business assets
- Letters of intent
- Purchase agreements
- Section 363 sale approval and asset auctions
Additionally, attorney Ron Kaniuk is an experienced litigator capable of providing strong and effective representation in bankruptcy litigation and adversarial proceedings, including the following matters:
- Avoidance claims
- Claim objections
- Equitable subordination
- Attacking fraudulent transfers
Contact Kaniuk Law Office for Protection of Creditors’ Rights in Bankruptcy
For practical legal advice and effective assistance in collections and creditors’ rights in bankruptcy, call the Kaniuk Law Office at 561-292-2127.