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Bankruptcy Creditors’ Rights

Reputable Bankruptcy Creditor Assistance from a Skilled Joplin Lawyer

Dedicated representation for Missouri lenders in consumer bankruptcy actions

The U.S. Bankruptcy Code is written to give relief to honest but unfortunate debtors. Unfortunately, laws drafted with good intentions are often susceptible to abuse, exposing lenders to losses they should not have to absorb. Bad faith borrowing and even outright fraud can damage a lender’s bottom line. If you are a creditor, Charles H. Lonardo, Attorney at Law can help you assert your rights during the bankruptcy process. For more than 30 years, I have represented clients in bankruptcy court. My experience on both sides of the aisle, as a consumer advocate and a defender of creditors’ rights, has prepared me to protect your interests vigorously so you can get the maximum return possible on what you are owed.

Actions for creditors in bankruptcy proceedings

Bankruptcy protections are only extended to debtors who come to the court with “clean hands.” Due process allows creditors to challenge a debtor’s actions on various fronts, including:

  • Dischargeability of debt — Under bankruptcy laws, unsecured debt, such as medical bills and credit card balances, are routinely dischargeable. But if a debtor has dealt with the creditor in bad faith, as in running up credit card debt in anticipation of filing bankruptcy, the court could rule that those debts are not dischargeable.
  • Fraudulent conveyance — When a debtor transfers assets to a third party, especially an “insider,” simply to frustrate a creditor’s collection efforts, the court can unwind that transfer. In the case of Chapter 7 bankruptcy, an asset can be returned to the bankruptcy estate for liquidation.
  • Preference litigation — Creditors have a right to equal treatment in bankruptcy. If a debtor has dealt favorably with one or two creditors to the exclusion of others, the excluded creditors may have a right to a share in those payments.
  • Relief from stay — The automatic stay prohibits creditors from contacting a debtor in an effort to collect amounts owed or to repossess collateral. However, under certain circumstances, the court may lift the stay, allowing a creditor to continue collection efforts or take possession of property in which the debtor has no equity.

Creditors’ rights cases depend on detailed preparation, diligent discovery, and aggressive advocacy. You can rely on me to vigorously pursue the best possible outcome.

Contact a knowledgeable bankruptcy attorney for creditor protection in Jasper, Newton and McDonald counties

If you are a lender or a provider of goods and services, and a consumer client has entered bankruptcy, you can rely on Charles H. Lonardo, Attorney at Law to assert your rights. Call today at 417-691-8238 or contact my office online to schedule a consultation. My Joplin office is at 430 W 7th Street, the historic Route 66, just one block south of the Jasper County Courthouse.