Individuals and businesses in financial difficulties often resort to the federal bankruptcy court for protection.  When an individual files a petition with the bankruptcy court, an arm of the federal district court, an automatic stay of all debt collection activities is imposed.  This automatic stay acts as an injunction against creditors, preventing even state court actions already in progress from going forward.  Collection and collateral recovery proceedings are not canceled but funneled into the bankruptcy court for further proceedings.

When you have provided goods or services or loaned money to a business in the ordinary course of business, there are several important questions that need to be answered immediately if that business declares bankruptcy:  Can you get a lien on property or other assets of the debtor? Can you get a judgment enforced against that business?  How can you best protect your interests in a bankruptcy case?

As a creditor whose interests are threatened, you might need to file motions or initiate litigation when your customer files for bankruptcy.  You may need to file an administrative claim or a claim for damages for lease rejection.  Increasingly, you may be the subject of a debtor-initiated adversary proceeding in the Bankruptcy Court to recover an alleged preferential transfer or fraudulent conveyance.  You must have skilled, tenacious counsel to raise a timely defense to such claims.  You need The Law Offices of Jessica Clarke, P.C.

The Law Offices of Jessica Clarke, P.C., represents creditors on Chapter 7, 11 and 13 bankruptcy filings. The following highlights the bankruptcy services that we offer:

Chapter 7

  • Attend 341 first meetings
  • Prepare motions for relief from stay & abandonments
  • Prepare proof of claim
  • Reaffirmation agreements
  • Defense to redemption actions

Chapter 11

  • Prepare proof of claim
  • Preference defense
  • Obtain adequate protection orders
  • Review disclosure statements & plans for objections

Chapter 13

  • File proof of claim
  • File objections to confirmation
  • Review plan treatment
  • Monitor cases for payments, discharge & dismissals
  • Prepare motions for relief from stay