Creditors

Services for Creditors of Chapter 7 Debtors

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An Attorney in a Chapter 7 can help the Creditor handle the following:

  • Attend the Section 341 Creditor’s Meeting and cross-examine the debtors regarding matters affecting your interests (often the only time the debtor will appear under oath).
  • In a Chapter 7 case, a proof of claim must be filed upon notice by the trustee of estate funds available for distribution A secured claim, properly documented, can be filed and a determination made as to how your collateral is being treated in the debtor’s Chapter 7 proceeding.
  • If the debtor is treating your collateral as exempt, you may need a reaffirmation agreement prepared by an attorney for execution by the debtor and debtor’s counsel. If your collateral is a non-exempt asset of the debtor, you may wish to file a motion to have the automatic injunctions lifted in order to pursue your remedies as allowed by state law.
  • Determine if you can claim the debt owed you is non-dischargeable and/or that the debtor is guilty of any act and conduct that would bar a discharge pursuant to 11 U.S.C. 727.
  • Object to debtor’s claimed exemptions if inappropriate based on current federal and state law.

Your financial position in the debtor’s estate may be adversely affected by delay and inaction!

Services for Creditors of Chapter 11 Debtors

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As a secured or unsecured creditor, you do have rights in bankruptcy court. I can assist you in the following ways:

  • File a motion for permission to foreclose on the collateral if you are a secured creditor, and file responses to other creditors’ attempts to lift the automatic stay injunction regarding other properties of the estate.
  • Attend and represent your interest in the Meeting of Creditors, hear and evaluate the position and comments of the United States Trustee’s Office, the comments of the chief operating officer of the Debtor and the attorney for the Debtor in order to better evaluate the viability of the Debtor’s reorganization plan and the probability of recovery of your claims;
  • File a Request for Notice in order to receive copies of all pleadings and motions filed by any party in the case. This procedure allows a close monitoring of the Debtor if you intend on continuing business with the Debtor;
  • Review the Monthly Operating Reports which are required to be regularly filed by the Debtor in order for you to be informed of the ongoing operations of the Debtor. This will allow you to assess the ongoing viability of the Debtor’s business activities;
  • Represent you in cash collateral hearings that could affect payment of your pre-filing and post-filing claims;
  • Represent your interests in the creditors’ committee if a committee is functioning;
  • Evaluate and file appropriate responses to all Disclosure Statements and Plans of Reorganizations proposed by the Debtor or other creditors and
  • Advise you regarding your vote for or against a Plan of Reorganization;
  • Review and critique the fee applications filed by the professionals seeking to be paid out of the funds of the Debtor’s estate.

Your financial position in the debtor’s estate may be adversely affected by delay and inaction!

Services for Creditors of Chapter 12 Debtors

Get Started

As a secured or unsecured creditor, you do have rights in bankruptcy court. I can assist you in the following ways:

  • File a motion for permission to foreclose on the collateral if you are a secured creditor, and file responses to other creditors’ attempts to lift the automatic stay injunction regarding other properties of the estate.
  • Attend and represent your interest in the Meeting of Creditors, hear and evaluate the position and comments of the United States Trustee’s Office, the comments of the chief operating officer of the Debtor and the attorney for the Debtor in order to better evaluate the viability of the Debtor’s reorganization plan and the probability of recovery of your claims;
  • File a Request for Notice in order to receive copies of all pleadings and motions filed by any party in the case. This procedure allows a close monitoring of the Debtor if you intend on continuing business with the Debtor;
  • Review the Monthly Operating Reports which are required to be regularly filed by the Debtor in order for you to be informed of the ongoing operations of the Debtor. This will allow you to assess the ongoing viability of the Debtor’s business activities;
  • Represent you in cash collateral hearings that could affect payment of your pre-filing and post-filing claims;
  • Represent your interests in the creditors’ committee if a committee is functioning;
  • Evaluate and file appropriate responses to all Disclosure Statements and Plans of Reorganizations proposed by the Debtor or other creditors and
  • Advise you regarding your vote for or against a Plan of Reorganization;
  • Review and critique the fee applications filed by the professionals seeking to be paid out of the funds of the Debtor’s estate.

Your financial position in the debtor’s estate may be adversely affected by delay and inaction!

Services for Creditors of Chapter 13 Debtors

Get Started

As a secured or unsecured creditor, you do have rights in bankruptcy court. I can assist you in the following ways:

  • If you have an unsecured claim, file a proof of claim establishing in detail the debtor’s obligation.
  • If you have a secured claim, file a properly documented secured proof of claim and determine the Debtor’s proposed treatment under the Debtor’s Chapter 13 Plan and file any appropriate objections to valuation or repayment under the plan.
  • Evaluate the debtor’s assets, liabilities and income to make sure that the debtor is making a good faith effort to pay what they are legally obligated to pay under the bankruptcy code.

Your financial position in the debtor’s estate may be adversely affected by delay and inaction!

Larry Vick is a Bankruptcy Attorney with over 38 years experience serving Houston, Galveston, and the surrounding area. Bankruptcy attorney in Harris County, Fort Bend County, Galveston County.

Office: 13501 Katy Freeway, Suite 3474, Houston, TX 77079 | Phone: (832) 413-3331 | Make an appointment online