The Law Offices of Ken McCartney P.C.

Creditor's Claims

 

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By definition, a creditor has problems when a debtor seeks bankruptcy relief.

Questions abound:

  1. Do I spend  good money chasing bad?
  2. What is the effect of this particular chapter of bankruptcy relief on my claims?
  3. Do I need to go to a "341 meeting?"
  4. Is there any hope that I will ever get paid?
  5. Do I have to file a proof of claim, and, if so, how? 
  6. And the emotional, "How can he do this to me?"

There are options based on the chapter where relief is sought, the debtor's future, any improprieties in the debtor creditor relationship, gross improprieties by the debtor, and the extent and nature of the claimant's collateral.

This office offers free initial conferences to creditors of bankruptcy estates who come prepared with documentation for their claim and the debtor's case.  If our service can be beneficial, the terms of representation and payment arrangements can be made.  We avoid retention where no positive results can be expected.

    An over-secured claimant, with an agreement allowing for the addition of attorney fees in the event of default, may  be able to enjoy the benefits of the attorney fee clause in the presence of a bankruptcy.  Generally speaking, under-secured and unsecured claimants are not able to add interest or attorney fees to their claims after the petition date.

        You may wish to see Chapter 1 of Plain Talk About Bankruptcy for frequently asked questions and answers concerning creditors' claims.

 

 

 

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