HAVE YOU BEEN SUED BY A CREDITOR IN BANKRUPTCY?
Although individuals are entitled to a discharge of most debts in a bankruptcy case, creditors are permitted to challenge the dischargeability of their debt in certain circumstances through an "adversary proceeding" (which is a separate lawsuit that arises from your bankruptcy case). Typically, creditors and credit card companies seek to have a debt determined to be "nondischargeable" or "not dischargeable" by alleging that your debt was incurred by fraud, false pretenses or a false representation under 11 U.S.C. 523(a) of the U.S. Bankruptcy Code. If a debt is determined to be "nondischargeable," the creditor will be permitted to collect on its debt against you personally despite the entry of discharge of debt in your bankruptcy case. Essentially, you lose the benefit of the Bankruptcy Laws and the creditor may attach liens against your property or garnish your wages. You do not have to allow this to happen to you!!!
The bankruptcy litigation attorneys at the Goodrich Law Corporation have extensive knowledge of the new Bankruptcy Laws and can defend you in a lawsuit by a creditor in your bankruptcy case. The Goodrich Law Corporation defends non dischargeability cases in Southern California (including Orange County, Los Angeles and Riverside).
DO NOT SETTLE OR COMMUNICATE WITH THE CREDITOR OR ITS ATTORNEY BEFORE YOU MEET WITH US!
Creditors and credit card companies often use bankruptcy litigation or "nondischargeability" proceedings to leverage an agreement to repay part or all of the debt you incurred with them before you filed bankruptcy. Ultimately, creditors and credit card companies do not want to litigate the case and hope inexperienced bankruptcy debtors will agree to repay part or all of a debt before consulting with a bankruptcy litigation attorney. Part of the creditor's plan is to avoid litigation so that they are not required to pay legal fees to you if you win. That's right, if you win your case filed by a creditor or credit card company, they must pay your legal fees under 11 U.S.C. 523(d) of the U.S. Bankruptcy Code.
HAVE YOU BEEN SUED BY A BANKRUPTCY TRUSTEE?
Under the Bankruptcy Code, certain transfers of property, cash, securities, security interests, raw materials, goods or products, account receivables, etc., made within the 90-day period preceding the filing of a bankruptcy petition by a bankruptcy debtor are avoidable as a preference or preferential transfer by a bankruptcy trustee (11 U.S.C. 547). Creditors or other parties who receive such property may be required to return the property transferred without just compensation. In fact, the transferee or creditor may only be entitled to recover for the loss of such property as a general unsecured creditor. Typically, general unsecured creditors receive pennies on the dollar!
DO NOT LET THIS HAPPEN TO YOU OR YOUR BUSINESS!
The Bankruptcy Code provides defenses and exceptions to the return of property to a bankruptcy trustee. If, however, these rights under the Bankruptcy Code are not exercised, the bankruptcy trustee will likely be awarded a return of the transferred property without compensating the creditor or transferee. The bankruptcy litigation attorneys at the Goodrich Law Corporation have extensive experience in defending preference and avoidance actions in the Southern California area (including Los Angeles, Orange County and Riverside).
DO NOT ATTEMPT TO NEGOTIATE WITH THE BANKRUPTCY TRUSTEE WITHOUT OUR SERVICES! CALL US BEFORE YOU LOSE YOUR FEDERAL RIGHTS!
NEED TO SUE A CREDITOR IN YOUR BANKRUPTCY CASE?
The Bankruptcy Code arms individuals who file bankruptcy with the ability to sue creditors for failing to comply with the Bankruptcy Code, and sometimes, other relevant California statutes. In particular, if a creditor violates the automatic stay (which prohibits the collection of a pre-bankruptcy debt during the bankruptcy case - 11 U.S.C. 362(a)) or if a creditor violates the bankruptcy discharge injunction (which prohibits the collection of a pre-bankruptcy debt discharged in a bankruptcy case), a debtor may be entitled to compensatory and punitive damages as well as attorneys fees and court costs.
The Bankruptcy Code is designed to provide an individual who files for bankruptcy with a "fresh start" and freedom from the collection of unscrupulous creditors and unruly debt collectors. To ensure compliance with the Bankruptcy Code, the Bankruptcy Courts are empowered with the ability to enforce the protections of the automatic stay and the bankruptcy discharge injunction by awarding monetary damages to aggrieved debtors.
End unauthorized collection calls and collection efforts by suing your creditors!!!
If you believe that a creditor has violated the automatic stay or the discharge injunction, please contact us now to set up a free consultation!
The Goodrich Law Corporation represents debtors seeking to sue creditors in Southern California are (including Orange County, Los Angeles and Riverside).
Legal disclaimer: We are a debt relief agency. We help people file bankruptcy petitions to obtain relief under the bankruptcy code.