Areas of Practice
Collections
Commercial Litigation
Construction and Building Contracts
Landlord and Tenant
Bankruptcy Creditor's Rights
Contracts and Transactional
Commercial Litigation
Construction and Building Contracts
Landlord and Tenant
Bankruptcy Creditor's Rights
Contracts and Transactional
Our Office
P.O. Box 7514
Fairfax Station,Virginia, 22039
Phone: 703-503-8088
Fax: 703-425-8487
Fairfax Station,Virginia, 22039
Phone: 703-503-8088
Fax: 703-425-8487
Contact Us
BANKRUPTCY CREDITOR’S RIGHTS
- Review of Bankruptcy Petition and Schedules
- Attend 341 Meetings
- Motion for Relief from Stay
- Objection to Dischargeability
- Prepare and File Proofs of Claims
Busman & Busman can represent Creditors in the U.S. Bankruptcy Court for the Eastern District of Virginia if your debtor files bankruptcy.
Unfortunately, a company or individual who owes you money may file bankruptcy, either before or after you obtain judgment. While their bankruptcy filing may discharge their debt, or at the very least trigger bankruptcy’s “automatic stay” provision, you may be able to contest the debt’s dischargeability or remove the automatic stay. These actions include:
Motion for Relief from Stay: If you are a secured creditor that has filed a UCC-1 financial statement, or if an automatic stay prevents you from proceeding against property or interests which are not property of the bankruptcy estate, we can file a motion which seeks to lift the automatic stay and permit you to proceed against the debtor’s assets.
Motion Objecting to Dischargeability: Debts involving fraud or maliciousness are not generally excepted from discharge. However, upon proper motion filed in the Bankruptcy Court, these debts may be excepted from discharge. If you have not yet obtained a judgment, we can represent you in filing an Adversary Proceeding in the Bankruptcy Court. If you have already obtained judgment, we can file the appropriate motion with the Bankruptcy Court, objecting to the dischargeability of your debt.
Document Review / 341 Meeting / Proof of Claim: In all bankruptcy cases, whether you have obtained judgment or not, Busman & Busman can review the bankruptcy filing documents and attend the 341 Meeting on your behalf to determine if a debtor is attempting to use the bankruptcy filing to improperly avoid or discharge debt. We can prepare and file a Proof of Claim on your behalf and protect your rights in Chapter 7 asset cases and in Chapter 11 and 13 cases.