A debtor’s bankruptcy is a threat to the lender’s interest. In some cases, the creditor’s role in a bankruptcy proceeding is simply a matter of procedure. File forms, get in line, and hope for the best. In other cases, the legal questions are far more complex. In such cases, consultation with a creditors’ rights attorney may be warranted to best protect the interest of the lender.
Protecting lenders’ rights in bankruptcy litigation
Disputes that arise in a bankruptcy proceeding can lead to litigation by and among creditors. Litigation raises the stakes for all of the creditors involved.
Some examples include:
- Transfer questions, including claims of fraudulent, preferential, or inequitable transfers and claims by trustees, creditors committees, or debtors to avoid them
- Status of claims, such as disputes over priority and secured status, as well as validity of security interest
- Litigating the lifting or enforcement of the automatic stay in regards to certain assets
- Post-bankruptcy enforcement such as garnishments, attachments, and other paths of collection
Protecting creditors from bankruptcy without litigation
For the creditor with a larger interest at stake, some of the seemingly routine tasks in a bankruptcy proceeding often carry a much greater import. Since these tasks take place in the context of a standard bankruptcy proceeding without extraneous litigation, creditors may overlook the long-term consequences of actions.
The bankruptcy attorneys of Maryland lending and banking law firm of Rosenberg Martin Greenberg are committed to creditor’s rights both inside and outside a bankruptcy context. We apply the broader implications of matters like proofs of claims, potential reorganization plans, and tax consequences of a discharge. Our unparalleled professionalism and expertise allow us to offer the highest caliber counsel throughout the entire bankruptcy process; a process which we never approach as routine.
Full service representation for the bankruptcy creditor
As experts in the banking and lending industry, RMG provides a wide spectrum of services for lenders across diverse industries. We routinely handle situations involving trustees; receiverships; prospective purchasers; potential restructuring agreements; disputes over reorganization plan confirmation; allegations of breach of fiduciary duty; and other issues that arise relative to a bankruptcy filing by the entities that owe you significant sums.
The benefits of working with attorneys with such depth and breadth are two-fold. First, we have an innate understanding of the laws and how they affect business. Second, when you entrust us with your matters long-term, we know specifically how they will impact you because we walked with you from where you’ve been to where you’re going. To find out how RMG attorneys can help you, call today to schedule a confidential consultation.
Rosenberg Martin Greenberg attorneys have the skill and experience to spot the potential legal issues that may lead to these types of disputes, as well as the tenacity to see them through litigation.