Representing Creditor Rights in Debtor Bankruptcy Cases

The Law Offices of Paul A. Humbert, P.L. offers our South Florida clients aggressive, effective representation in debtor bankruptcy cases. Our team provides clients creditor bankruptcy representation in Kendall and throughout the South Florida areas in the following matters:

Foreclosure

A foreclosure is a legal option for secured lenders to seek compensation against a debtor’s collateral. This legal recourse aims to satisfy a debtor’s indebtedness to the lender.

Unfortunately, the foreclosure process in Florida is often long and arduous. The state remains a judicial foreclosure state. This means that the secured lender must file the foreclosure lawsuit to recover a title to any collateralized property. 

Foreclosure situations require the experience and knowledge of a qualified attorney due to cases involving filing a complaint for foreclosure, dispersing written communication to a debtor outlining the right to reinstate their loan, as well as forbearance and accelerated foreclosure actions and potentially litigation should a case evolve to this stage.

Enforcement of Foreign Judgments

Enforcement of foreign judgments in Florida involves the migration and enforcement of a judgment rendered against a debtor either in another jurisdiction into the Florida court system or assisting creditors in other jurisdictions to migrate and then enforce the judgment in their legal system from the state of Florida.

Debtors may reside or claim assets in other states, necessitating our attorneys for creditor bankruptcy representation in Kendall and beyond to conduct the legal legwork necessary for a positive outcome in a judgment enforcement case.

An attorney must file an initial action outlining the pertinent information like the creditor’s and debtor’s address and contact information, in addition to a statement outlining the goal to domesticate and enforce the foreign judgment.

These cases are not easy to pursue or litigate as debtors may file actions in contest to the domestication and enforcement of the judgment. However, our firm commits to representing our clients’ best interests with tact and experience, defending their right to reclaim their owed property in debt collection cases.

Debtor Bankruptcy Defense

When a debtor owes a lender money, consulting with a creditor attorney is crucial to achieving the best possible outcome. Bankruptcy law often proves complex and convoluted, especially in Florida, a state formally known in legal circles as a “debtor’s haven”.

Debtors may file something called an automatic stay, a legal action ceasing all collection activities including mail correspondence and phone calls in the attempt to reclaim a debt immediately. 

Depending on the specific type of bankruptcy that a debtor claims, this also could potentially limit the assets a creditor has rights to reclaim.

Nevertheless, with creditor bankruptcy representation in Kendall, attorneys can pursue relief from an automatic stay order, as well as contest actions to discharge certain kinds of debt in a bankruptcy case.

Debtors may file for bankruptcy on numerous occasions simply to thwart a creditor’s collection efforts. A creditor attorney may additionally try to dismiss a bankruptcy entirely based on a bad faith filing.

In a bankruptcy case, creditors and their legal team may examine a debtor concerning various facets of their finances. 

Should things not initially work in a creditor’s favor, our firm will guide them through the bankruptcy appeals process as well in the attempt to regain at least a portion of the debt owed.

Creditor Bankruptcy Representation in Kendall | The Law Offices of Paul A. Humbert, P.L.

For any creditor considering legal action, consulting with their creditor attorney is imperative for a variety of reasons. Creditors may want to question a debtor in an attempt to resolve the situation expeditiously. 

Similarly, if a debtor proposes a plan and a creditor doesn’t file an objection in time, they may remain subject to what the debtor proposed. Creditors typically have 10 days from an initial creditor meeting to object to a plan. Missing deadlines can also result in a court not allowing the pursuance of a claim altogether.

Creditor bankruptcy representation in Kendall from our firm, The Law Offices of Paul A. Humbert, P.L. provides our creditor clients with an advocate and guide aiming to achieve the maximum percentage of recovery regarding an outstanding debt.

With a comprehensive understanding and experience in debtor bankruptcies, our firm represents clients ranging from small business owners to large banks and creditor clients from all over the United States.

To learn more about creditor bankruptcy representation from the Law Offices of Paul A. Humbert, P.L, reach out to our dedicated firm for a comprehensive case analysis and consultation today!