Creditors of Bankrupt Debtors Need Legal Help

"best Arizona law firm"Many creditors incorrectly believe that they should not retain an attorney to represent their interests in a borrower’s bankruptcy case.  A bankruptcy filing does not necessarily mean that the debt is gone forever.

Just one meeting with an experienced creditor’s attorney can also answer many important questions regarding your claim against the debtor.  It is important that creditors don’t waive their rights by not taking any action in the case, but it is also important that you only take action that is permissible under the law.  Violating the automatic stay is serious business!

Below are some of the questions you may want to ask an attorney:

  • Are the actions you are currently taking in violation of the automatic stay?
  • If you have a secured loan, what is the status of your collateral and what can you do to insure it is protected?
  • Is the debt owed to you dischargeable?
  • Should you file a Proof of Claim?
  • Are there any exemptions claimed by the debtor that you should object to?
  • Should you file an adversary proceeding?
  • How much will it cost you to pursue your rights versus your chance of success in collecting the debt owed to you?

If you are interested in learning more about a creditor’s rights in a bankruptcy case, call Windtberg & Zdancewicz to schedule an appointment.

The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation.  We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases.  If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.


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