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Help for Creditors Attorney in Berkeley, California

The Bankruptcy Law Center assists both creditors and debtors in bankruptcy cases and state collection suits. Often we can "see through" the tricks that a bankrupt uses to hide equity in a house, money in the budget, or value in other property.

Federal law requires all those who file bankruptcy to be completely honest. If a Debtor lies, he or she opens an avenue for the creditor to collect. The Bankruptcy Law Center in Berkeley, California can file an "Objection to Discharge" on the ground of perjury in the proceedings or failure to explain a financial situation.

Stand Up for Your Best Interests

If the falsehood is important, a Court can take away all the benefits of the bankruptcy for the Debtor. That puts money in your pocket. One common strategy used by our firm is to appear at the Creditors Meeting at the outset of the case and grill the bankrupt as to his property and budget. Many debtors are unprepared for serious interrogation and lies can be uncovered.

There are many avenues to challenge a bankruptcy, and, in fact, the new law makes it much easier to dismiss a bankruptcy filing. If the Debtor never had any intent to pay you, he has committed fraud. He can be sued for misrepresentation in Federal Court. The catch is that the suit must be brought before the Federal Judge and filed within 3 months after the bankruptcy filing.

Debtor's claim of exemptions may be excessive. They must be challenged by a client or bankruptcy lawyer within 30 days of the Creditors Meeting. Sometimes a creditor obtains a judgment and records a lien on the Debtor's home. The bankrupt often tries to set aside the judgment lien. We can help the creditor analyze the case and, if successful, force the Debtor to pay 100% of your claim with legal fees.

Bankrupts who don't pay their mortgage or their rent often seek protection from the Court. If nonpayment continues after the bankruptcy filing, the Creditor needs assistance to file a motion for relief to continue an eviction or a foreclosure. The Bankruptcy Law Center in Berkeley, California offers this service.

What about cost? The big question for most creditor clients is whether to invest good money after bad. A solution to this cost problem may be a contingency fee arrangement. In all cases, creditors should get a fair cost estimate from a law firm of the expense in pursuing a debtor in a bankruptcy case.

  • Gerard D. Launay
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