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Debtors and Creditors Rights

Protecting the rights of debtors

Business debtors can rely on the experienced counsel of Scroggins & Williamson, P.C. to protect their rights against lenders, creditors, equity holders, and others in cases involving liens, debt discharge, fiduciary duty, and more. The firm’s seasoned litigators have the skills and the knowledge to confidently represent you in federal or state courts to protect your rights.

Protecting the rights of creditors

Scroggins & Williamson, P.C. routinely represents the rights of secured and unsecured creditors, asset purchasers, and equity holders in bankruptcy and post-bankruptcy lawsuits. The firm wants to protect creditor rights as only preeminent bankruptcy attorneys can. The firm’s lawyers handle creditor rights cases involving the following:

Filing your proof of claim. Creditors need to file a proof of claim to be able to receive any distribution from a bankruptcy estate’s proceeds. Scroggins & Williamson, P.C. can help you prepare and file the claim and ensure adherence to the claim’s strict guidelines.

Getting relief from the automatic stay. When a debtor files its bankruptcy petition, the action puts in place an automatic stay. While this is intended to strike a balance between the debtor and creditor, there are also procedures to protect lenders, landlords, and other secured creditors whose collateral the debtor uses during the case. Scroggins & Williamson, P.C. can help secured creditors get relief from the automatic stay to meet their needs and protect their rights.

Defending creditors in adversary proceedings. A debtor may initiate an adversary proceeding, a post-bankruptcy lawsuit. Usually this is an action to recover money or property or avoid liens. Scroggins & Williamson, P.C. is well equipped to handle creditor defense in such proceedings, including preparing your answer to the debtor or trustee complaint and representing you in court.

Representing creditors as plaintiffs in adversary proceedings. Creditors have the right to file complaints against the bankruptcy estate. Complaints could involve lien priority, revocation of an order of plan confirmation, debt discharge eligibility or objection, and more. Let the experienced bankruptcy attorneys at Atlanta’s Scroggins & Williamson, P.C. help you protect your rights.

Collecting from the debtor through state court litigation. As experienced commercial trial lawyers, Scroggins & Williamson, P.C. can help creditors collect from the debtor and represent them in court in situations when a debtor fails to comply with bankruptcy code, giving creditors the opportunity to renew collection efforts. The firm can keep a vigilant eye on the case to determine the propitious moment for advantageous legal action.

Professionalism and experience

Debtors and creditors rely on the attorneys of Scroggins & Williamson, P.C. to protect their rights throughout the bankruptcy process as well as post-bankruptcy lawsuits. The firm welcomes your most pressing problems and the opportunity to resolve them. Call Scroggins & Williamson, P.C. at 1-404-893-3880 or contact the firm online.

Serving Georgia and the Southeast U.S.