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Bankruptcy and Creditor’s Rights

We assist commercial creditors in pursuing remedies upon debtor default, including enforcement of notes and guarantees, replevins, detinue, collections, and garnishments. We place an emphasis on post-judgment collection and employing an aggressive approach to garnishments and executions. We also assist creditors when their debtors file bankruptcy to protect secured interests, pursue objections to discharge when appropriate, defend preference claims and navigate the complex procedures of that court.

Areas in which we assist clients in protecting their creditors’ rights include:

  •     Commercial Debt Collection
  •     Bankruptcy
  •     Asset Recovery
  •     Enforcement of Notes & Guarantees
  •     Garnishments, and Levy Actions
  •     Landlord/Tenant Evictions
  •     Fair Debt Collection Defense

The clients who use our legal services in this area include banks seeking to recover payments on delinquent loans, notes or accounts. Among the business creditors we represent are commercial real estate owners as creditors, building property owners, commercial landlords, contractors and material suppliers and businesses seeking to collect funds they are owed.

Understanding the often critical and time sensitive nature of asset recovery, we utilize actions related to wrongful detention of property or goods, such as replevin and detinue, in order to increase the likelihood of a quick settlement.

LCB represents creditors in both consumer and commercial bankruptcy actions. Working closely with our clients, we first define their objectives and assist them in maximizing their recovery opportunity. Our legal services include restructuring negotiations, handling out of court financial workouts, legal proceedings to deny debt discharge or objections of debtor’s proposed Chapter 11 and 13 plans, motions to lift the automatic stay and allow the creditors to seek collection outside the Bankruptcy Court, reaffirmation agreements, and defending against preference actions where a Trustee or debtor seeks to recover payments made to your organization. Our firm also prepares and files creditors’ proofs of claim, and opposes motions objecting to creditor’s proofs of claim.

LCB also provides representation and advice in the following areas of creditor’s rights law: civil litigation, and advice to employers on garnishments, withholding orders, unemployment claims and payroll issues, and Fair Debt Collection Act and Fair Credit Reporting Act defense.

This aspect of LCB is supported by and able to draw upon the skills of other attorneys of the firm in the areas of corporate and securities law, real estate, intellectual property and employment law,  and litigation with respect to complex bankruptcy litigation matters.

When you need legal help to exercise your rights as a creditor, we invite you to call Land Carroll & Blair at 703-836-1000 to discuss how our experience in commercial collections can protect your rights and recover assets.


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