Occasionally, a creditor’s efforts to obtain payment for a debt (or to enforce judgment) due and owing is frustrated by the filing by the debtor of a voluntary petition in bankruptcy, thus imposing automatic injunctive relief against further collection efforts known as the “automatic stay” (11 USC §362, the “Bankruptcy Code”). Often enough, a debtor seeking relief under Chapter 7 of the Bankruptcy Code has fraudulently induced the creditor to provide credit to the debtor in the months immediately preceding the debtor’s filing of the bankruptcy petition.
The firm’s professionals offer a full array of services to protect and enforce the rights of creditors who have been forced to seek collection within the confines of the Bankruptcy Code. The firm’s professionals possess substantial experience - and have enjoyed great success - in prosecuting motions for relief from the automatic stay and in connection with objections to confirmation of debtor reorganization plans, as well as in adversarial proceedings objecting to discharge of Chapter 7 debtors in those cases where a debtor has fraudulently induced a creditor to extend credit.
While the firm’s professionals do not engage in general representation of consumer debtors in bankruptcy, the firm’s professionals are also experienced in prosecuting adversarial proceedings in cases where a creditor has violated the automatic stay. The firm’s professionals also protect and enforce the rights of consumers in alternative areas of law such as the Federal Fair Debt Collections and Practices Act (”FDCPA”).