Creditor's Rights Representation
Corporate Practice
PCT Law Group’s Creditor's Rights Practice focuses on the representation of creditors and trustees. Our attorneys have substantial experience in bankruptcy matters from assistance with the filing of proofs of claim to litigating multi-million dollar adversary proceedings against debtors. Despite the challenging nature of the bankruptcy process for a creditor, we understand the rights afforded to our clients under the law. These rights include the ability to:
- File a claim against the debtor’s estate
- Share in distributions from the bankruptcy estate
- Raise challenges to a debtor’s right to a discharge
- Raise challenges to a debtor’s right to discharge the creditor’s particular debt
- Voice objections to the debtor’s plan of reorganization
Our attorneys frequently appear before the U.S. Bankruptcy Courts on behalf of secured and unsecured creditors, dealing with lien and valuation issues, motions for relief from stay, asset sales, confirmation and plan issues, preference and fraudulent conveyance litigation, motions to dismiss or convert bankruptcy cases; adversary proceedings, proof of claim litigation; discharge and many other matters. Our attorneys have been involved in a wide range of matters including the representation of the trustee in an adversary proceeding wherein they successfully reversed a fraudulent transfer by the debtor valued at approximately $10 Million.
In addition to representation in the Bankruptcy Court, we frequently advise and counsel creditors on tools to employ before the bankruptcy filing which can provide the creditor with potential relief and remedies. For instance, a creditor may receive priority status if its claim is secured by the debtor’s assets by the filing of a judgment lien or security agreement prior to the bankruptcy filing. In addition to priority status, a secured creditor may also be able to seek relief from the automatic stay or request adequate protection payments from the Bankruptcy Court in order to prevent a decline in the equity available to its secured claim.
PCT Law Group draws upon the experience of our other attorneys who practice in areas such as litigation, intellectual property, business contracts, labor and employment law, and technology to successfully represent our client’s interests throughout the bankruptcy process
