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Areas of Practice - Bankruptcy
Bankruptcy - Services
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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.