Your Right to Collect on a Debt
It is true that people filing bankruptcy are entitled to an automatic stay that prevents creditors from collecting on debts until the bankruptcy is resolved. It is also true that creditors have the right to request relief from the automatic stay and to continue to seek collection on an owed debt.
At the Birmingham, Alabama, Law Offices of Max C. Pope, Jr., we are experienced creditors' rights lawyers who focus exclusively on bankruptcy law. We can help you protect your interests relating to any debt. We present a compelling picture of your side of the situation and why a debt should be excluded from a bankruptcy proceeding. Do not give up on collecting a debt before you speak with an experienced lawyer.
When You Are Owed Money. Call 205-327-5566 Or E-Mail Us.
Our firm represents Birmingham creditors and creditors from around the country who seek to protect their rights in a bankruptcy proceeding. We have been assisting creditors in bankruptcy matters since 1993. We believe we can help you.
Among the clients we have represented are small credit unions, small to mid-sized business owners, banks, contractors and others.
Creditors can seek to prevent a discharge on their debt for many reasons. Please note, though, that acting promptly can be vitally important for a creditor seeking to do so. For example, while a creditor is provided the opportunity to question a debtor at a Section 341 Meeting of Creditors, a deadline is imposed that results in discharge of the debt if the creditor does not take action following the meeting within 60 days. A lawyer knowledgeable in the complexities of federal bankruptcy law can help you.
- Did a debtor hold money in trust for a person and subsequently spend that money unlawfully? This may qualify as an exception to the debtor's discharge. This debt may not be discharged.
- Any type of debt that is based on fraud or misrepresentation can be excepted from a debtor's discharge. Did a debtor give a false statement to a creditor in order to get a loan? For instance, did a debtor say that he or she owned a certain amount of stock in order to get a loan from the creditor? This is debt that is not dischargeable.
- If it is clear that the debtor does not have the resources to prevent foreclosure down the road, we can file a motion for relief from the automatic stay in order to foreclose. The same is true for any asset, such as a car or a boat that is owned by the debtor.
We represent creditors' rights. This includes defending clients against a bankruptcy trustee action.
Call today for a free initial consultation: 205-327-5566. Contact us online.
