Carpentersville, IL Bankruptcy Adversary Proceedings Attorney

Aggressive Attorney Representing Creditors in Bankruptcy Adversary Proceedings in Carpentersville, Illinois

If you have a debtor who has fallen significantly behind on repayment, you may have some reasonable concerns about their plans for bankruptcy. When conflicts arise during bankruptcy, the dispute can be escalated into adversary proceedings. A Carpentersville commercial collections lawyer can represent you in bankruptcy adversary proceedings, whether you are the plaintiff or the defendant.

At Collections Illinois, we have decades of legal experience devoted to helping commercial clients recover accounts receivable. Our firm can work with you to develop an individualized strategy for your adversary proceedings as we work toward a favorable outcome in court.

Challenging the Dischargeability of a Debt

During bankruptcy proceedings, a debtor may seek to discharge (get rid of) a debt that they owe to you. However, not all debts are eligible for discharge. Non-dischargeable debts include, but are not limited to:

• Debts secured by collateral property
• Debts resulting from fraudulent activity
• Debts resulting from breach of fiduciary duty

Under federal law, creditors are allowed to challenge the ability of a debt to be discharged. We can review your case and file a complaint for any violations by the debtor.

Automatic Stay Violation

When a debtor files for bankruptcy, an automatic stay is issued against the creditor. This means that you must cease all of your attempts to recover the debt until the period of bankruptcy concludes. While you are under an automatic stay, you may be prohibited from contacting the debtor or seizing their property. If you are accused of violating an automatic stay, the debtor could file an adversary complaint against you, possibly resulting in monetary damages.

Even if you were not aware of the automatic stay, you could still be penalized for violating it. At Collections Illinois, we can defend you in bankruptcy court and file a motion for relief from the automatic stay if applicable.

Objections to Discharge

In some situations, you may object to a debtor's bankruptcy case altogether, rather than the dischargeability of one specific debt. This usually applies to situations where the debtor files for bankruptcy on fraudulent grounds in an effort to deprive you of the payment that you are owed.

Our attorney can closely scrutinize a debtor's petition for bankruptcy. If we discover a misrepresentation of assets or false statements, we can raise an objection and argue to have the bankruptcy denied.

Proof of Claim Objections

If you need to recover payment for a debt, you must submit what is known as a proof of claim to the bankruptcy court. This is a written document that states how much the debtor owes you and the reason for the debt. However, this proof of claim can be disputed by the debtor in a formal objection.

There are many different grounds for contesting a claim. The debtor might allege that you filed your claim after a set deadline. Other objections may involve disputes about the amount of debt. Your claim could also be denied if it is deemed to be unenforceable. At Collections Illinois, we can defend the validity of your claim, arguing for your rights as a creditor.

Meet With a Carpentersville Bankruptcy Adversary Proceedings Attorney

Disputes in bankruptcy court can involve obscure laws and regulations. At Collections Illinois, we can look out for you during this process. We will do everything we can to help you collect your debts while protecting you from liability.

If you have any questions about the legal services we provide, do not hesitate to reach out to us. Call our offices at 847-426-7990 or contact us online to schedule a consultation with a Carpentersville, IL bankruptcy adversary proceedings attorney.