The broad goal in bankruptcy litigation on behalf of a creditor is to make sure that you collect as much of your claim as possible both within and outside of the bankruptcy case. Some situations require assertive negotiation with the debtor and other interested parties to maintain your collateral position through a period of reorganization. Other litigation may involve relief from the automatic stay so that you can pursue your rights against the debtor and the collateral securing your claim in state court.
At Mitchell Pollack & Associates PLLC, we guide creditors through what is often a complex and intricate process. If you need protection or collection in a claim against a debtor or competing interest in a bankruptcy case, contact our experienced creditors’ rights attorney.
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We Serve Creditors In Westchester, Rockland And Bergen Counties
We handle litigation cases involving Chapter 7 and Chapter 13 Bankruptcy, as well as creditors in business bankruptcies. The procedures, motions and adversary proceedings we can help with include:
- Filing and defending your proof of claim
- Automatic stay relief to repossess collateral or liquidate claims in court
- Forcing the debtor to assume or reject a lease of real property, equipment or another long-term contract
- Abandonment proceedings against a bankruptcy trustee
- Challenges from the trustee, another creditor or the debtor to the secured status of your claim, including perfection and priority disputes
- Proceedings against the debtor to prevent discharge of the unsecured portion of your claim due to fraud on a loan application or in a debtor’s performance
- Claims relating to fraudulent transfers, preferences, or undisclosed assets
Even a fully secured creditor can find its collateral position threatened in a bankruptcy case. Litigation may be necessary to enforce a secured claim if questions are raised involving the timing of the debtor’s payments, the relationship between the creditor and debtor, or the presence of competing claims for the same collateral.
We Secure Your Position And Protect Your Interest
Our bankruptcy lawyers practice in both New York and New Jersey, and we also handle bankruptcy appeals through the federal court system. For prompt and professional handling of your bankruptcy claim, call the litigation attorneys at Mitchell Pollack & Associates in Tarrytown, New York, or Mahwah, New Jersey, at 914-610-3418 or use our online contact form to schedule a meeting.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.