Protecting Your Rights: How Our Fort Lauderdale Creditors Rights Law Firm Can Help

When an individual or business does not pay its debt, creditors become involved to collect the debt. Creditor’s Rights are the procedural provisions made to protect the ability of creditors to collect the money that they are owed, these provisions include garnishing debtors wages and the ability to put a lien on a debtors property. A creditors rights attorney protects the rights of creditors, settles disputes between creditors trying to collect and can help facilitate negotiations to ensure a fair outcome. Having a creditors rights attorney to help guide you through the process will increase your chances of getting back your money. Creditors rights law firms work with clients counseling them on their rights and effectively finding the best solution to their needs.

Creditor Representation During a Bankruptcy Proceeding

The Fort Lauderdale creditors rights law firm of Michael L. Feinstein, P.A. represents creditors in all chapters of bankruptcy. Our attorneys have in-depth knowledge of Chapter 7, Chapter 13, Chapter 12, and Chapter 11 cases, from numerous years of training, continuing education, and personal experience in representing both sides of disputes between debtors in bankruptcy and their creditors. Our creditors rights attorneys are highly qualified to reach favorable settlements for our clients in the most effective and efficient manner.

The lawyers at our Fort Lauderdale based law firm will discuss with you the essential issues such as:

  • Financial Return through the Bankruptcy Case
  • Cost/Benefit Analysis
  • Debtor Ineligible for Certain Chapters of Bankruptcy
  • Active Assertion of Claims
  • Possible Criminal Activity by Debtor

Financial Return through the Bankruptcy Case

The law considers that a portion or all of valid debts may not be paid when the debtor seeks relief under the bankruptcy laws; this concept is known as discharge of debts.

Cost/Benefit Analysis

The most important determination in representation of creditors is deciding what is worth pursuing. A creditor would be better off without any representation than to pay more money for representation than is received back. The Firm directly addresses the issue of cost/benefit analysis with creditor clients in deciding how much representation a client will reasonably want to engage. This analysis is affected by the nature of the bankruptcy situation, liquidation or reorganization. The attorneys at our Fort Lauderdale creditors rights law firm can advise and assist creditors in regard to the available remedies and in deciding which activities are worth pursuing and what expenses are worth incurring

Debtor Ineligible for Certain Chapters of Bankruptcy

The court can deny a discharge entirely to a debtor who:

  • Has Incurred Debt Through Corrupt Activities such as:
    • Fraud
    • Theft
    • Embezzlement
    • Willful and Malicious Injury
    • Breach of Fiduciary
    • Other Forms of Bad Behavior

Is Dishonest with the Court by:

  • Concealing Assets
  • Fraudulently Transferring Assets
  • Not Accounting for Major Assets
  • Committing Other Indiscretions

Active Assertion of Claims

A creditor may have to actively assert non-dischargeability and other such limitation claims by filing, a motion (an adversary proceeding –equal to a law suit) in a bankruptcy case within a certain time frame.

Possible Criminal Activity by Debtor

There are numerous bankruptcy crimes with which dishonest debtors may be charged, such as perjury for false testimony under oath. These crimes are prosecuted by the Untied States District Attorney and investigated by the office of the United States Trustee, as well as, the Federal Bureau of Investigation (FBI). A Creditor with knowledge of such a crime can provide information to, and assist law enforcement.