Creditors Rights Attorney

Thomas H. Curran Associates is an experienced creditors rights law firm. Its creditors rights attorneys have decades of experience zealously representing creditors inside and outside of bankruptcy, successfully assisting creditors in protecting their interests to ensure repayment of debts owed to their creditor clients.

Creditors’ rights generally arise from loan arrangements, mortgages, promissory notes, personal guarantees, equipment leases and other debt instruments that secure the repayment of real estate, business, equipment and other loans. Debt obligations are either secured by collateral or unsecured. Remedies that creditors may pursue to enforce collection of their debts span from the simple to the complex, depending on the type of loan, amount at issue, sophistication of the debtor, location of the collateral, the debtor’s conduct and many other circumstances of a particular case. Often times, borrowers engage in sophisticated efforts to hinder a creditor’s efforts to collect on the debts owed to the creditor. Creditors often must take action against third parties such as banks, family members, trade vendors and other parties in order to obtain repayment of the debts owed. Claims and remedies often include attachment, trustee process, garnishment, foreclosure, receivership, avoidance actions, levy and execution by sale, injunctive relief, contempt and other legal and equitable remedies available to creditors both pre- and post- judgment. These remedies are generally available under the express terms of the creditor’s loan and security agreements as well as under state law, the U.C.C. and other applicable state and federal law that can vary considerably by state and by country. Creditors’ rights actions often span jurisdictions, meaning creditors must pursue debtors across multiple states and even cross-border into other countries and territories.

Creditors rights in bankruptcy insolvencies and reorganizations can vary significantly depending upon the chapter under which the case was filed, whether a debtor remains in possession, if the stay is in effect and a myriad of other factors. In some cases, creditors must move for relief from the automatic stay in order to protect and realize their secured collateral or risk being sanctioned for violating the automatic stay. In reorganization cases, a creditor may need to object to a debtor’s plan of reorganization given the proposed treatment afforded to the creditor in the plan. Engaging an experienced creditors rights and bankruptcy law firm like Thomas H. Curran Associates can ensure that a creditors’ rights are protected in bankruptcy to the maximum extent possible.

Bankruptcy and creditor’s rights have been the core of Thomas H. Curran Associates’s practice since our Firm was founded. The attorneys at our law firm understand the importance of protecting the rights of both secured and unsecured creditors in state and federal court actions as well as in bankruptcy proceedings commenced under Chapters 7, 11, 12 and 13 of the Bankruptcy Code. Our lawyers are uniquely qualified to provide creditors with zealous representation to ensure the recovery of loaned funds.