Comprehensive Legal Services for Creditors in Bankruptcy

Representing creditors in Chapter 7 cases, ensuring that their claims are properly filed and prioritized in the distribution of the debtor's non-exempt assets.

Advising creditors on how to handle claims in Chapter 13 proceedings, including reviewing debtor repayment plans, negotiating with debtors, and ensuring the creditor's interests are adequately addressed within the plan.

Representing both secured creditors (those with collateral, like mortgages or car loans) and unsecured creditors (those without specific collateral, such as credit card companies or medical providers), ensuring their claims are properly recognized in the bankruptcy process.

Challenging improper or fraudulent claims filed by debtors, including the right to object to the discharge of certain debts if they were incurred through fraudulent means or as a result of bad faith behavior.

Assisting creditors with the timely filing of proofs of claim to ensure that they can recover the amounts owed to them in bankruptcy, including reviewing and verifying the amounts and the validity of the claims.

Working to ensure that secured creditors receive the proper treatment of their collateral and that unsecured creditors are not overlooked or unjustly excluded from distributions of the debtor’s estate.

Investigating potential fraudulent transfers made by the debtor before filing bankruptcy, which may involve the debtor transferring assets to avoid creditors or conceal assets. West Ritchie can help creditors seek the recovery of these transferred assets.

Navigating the prioritization of claims, ensuring that a creditor’s claim is categorized correctly (e.g., priority claims like unpaid wages or taxes versus general unsecured claims) and that they are treated fairly according to bankruptcy law.

Representing creditors at creditor meetings (341 Hearings), where the debtor is questioned under oath about their finances, assets, liabilities, and other pertinent information.

Seeking to prevent the discharge of certain debts in cases of debtor misconduct, such as fraudulent activity or bad faith filings. This might include challenging the dischargeability of specific debts (e.g., debts incurred through fraud, embezzlement, or misconduct).

In cases involving business bankruptcies under Chapter 11, representing creditors in corporate reorganization, reviewing and negotiating the terms of a reorganization plan, and advocating for the best interests of creditors.

Helping creditors negotiate with debtors and bankruptcy trustees in an effort to maximize recovery on claims, including participating in bankruptcy mediation if necessary.