Creditor attorneys can help you understand your legal rights to pursue actions against debtors. When a creditor receives a bankruptcy notice, he or she has choices about actions to collect monies owed. For instance, the creditor can challenge the debtor’s right to seek a discharge for the particular debt or even challenge the debtor’s general right to a discharge. The creditor can appear before the court, seek liquidation of assets, and request to be paid from the assets of the estate.
A creditor’s rights in bankruptcy are weighed against the rights of other creditors. The priority of your claim will depend on the nature of the obligation. If the debt is unsecured and low-priority, you may walk away with nothing or next to nothing. On the other hand, creditors may be able to develop strategic workarounds to collect more than they had thought possible.
Creditor Attorneys Tell You Actions Creditors Can and Cannot Take
Once automatic stays are in place, the debtor is protected from collection actions, such as lawsuits, bills, phone calls, and so forth.
A creditor can file a claim with the bankruptcy court. You will need to file a proof of claim by a certain deadline and provide supporting documents. Note: not all claims are dischargeable. Even if a debtor files Chapter 7 bankruptcy—liquidation—he or she must still meet many obligations, including student loan payments, child support payments, divorce obligations, DUI damages, and debts resulting from malicious acts or acts of fraud.
Our creditor attorneys want you to know that the bankruptcy timelines are short. If you are a creditor and you wait too long to pursue a claim after a bankruptcy is filed, such as by filing an adversary proceeding, your options may be eliminated.
Bankruptcy can affect family law debts in a variety of ways. Kansas attorney Mark Rohrbaugh, who specializes in family law for Fletcher, Rohrbaugh & Chahine, LLP, can speak with you about how Missouri or Kansas family law might apply to your situation.
Our Creditor Attorneys Ask: Do You Suspect Debtor Incompetence or Concealment?
If you are a creditor who suspects that the debtor has not been forthcoming or accurate about assets or about anything else regarding the bankruptcy, the trustee can help you possibly recover money and/or challenge the right to discharge. You are allowed to subject the debtor to questions under oath under certain circumstances.
The creditor attorneys at Fletcher, Rohrbaugh & Chahine, LLP, can provide more specific, concrete, and actionable advice. Call the team now at (913) 390-8555 to preserve your rights, build a strategy, and ensure that everyone involved in the debt process plays fair and adheres to the law.
More Resources to Help with Debt, Bankruptcy, Foreclosure and Other Problems.
Fletcher, Rohrbaugh & Chahine, LLP represents people in Eastern Kansas and Western Missouri including; Johnson County KS, Miami County KS, Wyandotte County KS, Douglas County KS, Leavenworth County KS, Jackson County MO, Platte County MO, and Cass County MO.
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