Brock & Scott primarily
provides services to creditors forced to deal with individuals
or entities who have filed bankruptcy. While almost any type
of representation required can be provided, some of the most
basic services provided are:
Petition and Plan Reviews
Whether it is a Chapter 7 liquidation petition or Chapter
13 petition with a Plan for some percentage of payback, our
attorneys can review the documents filed by the debtor(s)
and give expert advice as to potential options, the likelihood
of different outcomes, and suggested strategies.
Preparing and Filing Proofs of Claims
Unless it is clear there is no chance of recovering any portion
of the debt owed, a creditor needs to always file a Proof
of Claim. This document tells the Federal Trustee assigned
to the bankruptcy case exactly what is owed to the creditor
filing the claim. It must be prepared carefully, and without
violating any laws or local rules. And it must have the appropriate
supporting documentation. Brock & Scott can prepare and file Proofs
of Claims efficiently and inexpensively for our clients.
Motions For Relief From Stay
Quite often and for many reasons, secured creditors (those
with collateral) are often not adequately protected in that
either the possibility of payback on the loan secured by the
collateral seems improbable, or the collateral itself could
lose its value, thereby harming the secured creditor. In these
cases, a Motion is filed with the federal court asking the
court to allow the creditor to take possession of its collateral,
or occasionally some other action. Brock & Scott is able to efficiently
evaluate and prepare the Motion, and follow through to see
the Motion is granted by the Court.
Objections to Confirmation
Whether low-balling the value of a creditor’s collateral,
or having excessive monthly living expenses, or many other
factual details of a debtor’s case, debtor’s attorneys
sometimes prepare the petition in a light very favorable to
their client, and not so favorable to the creditor. Whenever
these detailed factual disputes arise, our attorneys and staff
can prepare an Objection to the Court to ensure our clients
are protected to the greatest extent possible.
Consent Orders
Many factual situations occur while a bankruptcy is pending
as to which the debtor and the creditor disagree. And very
often the outcome of a hearing is unpredictable and will be
a total loss to the party which does not prevail. Therefore,
there is a great risk, and often great expense, in fighting
the issue to an end resolved by the Court. It is frequently
beneficial to both parties to reach a mutual agreement which
minimizes their risks and costs. Brock & Scott’s attorneys and
staff are well prepared and well versed in reaching a compromised
position which results in a Consent Order signed by both parties
and approved by the Court. This prevents our clients from
being exposed to the great risks and excessive costs which
may result in these situations.
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