Bankruptcy and Collection Litigation
Representing Clients in Bankruptcy and Collection Disputes
The attorneys at Allen Carlson PLLC have considerable experience advising individuals and businesses in bankruptcy and insolvency proceedings. We are equally skilled in advising an individual how best to solve their financial problems and obtain a “fresh start” by filing bankruptcy as we are developing and implementing successful collection strategies. Our clients benefit from having an attorney who understands the rights of both debtors and creditors.
Areas of Practice
Chapter 7 Bankruptcies
Chapter 7 is commonly known as the “fresh start” bankruptcy. It provides for the “liquidation” or sale of a debtor’s nonexempt property and the distribution of the proceeds to creditors. In the case of an individual, the debtor is allowed to claim certain property as exempt. As a result, most debtors are able to keep all of their property in a Chapter 7 bankruptcy proceeding. The benefit of a Chapter 7 bankruptcy is that an individual debtor receives a discharge of most debts, which means that the debtor does not have to pay those debts.
Chapter 13 Bankruptcies
Chapter 13, also known as a “wage earner’s plan,” enables individuals with regular income to develop a plan to repay all or part of their debts over a three to five year period. Payments are made to a Chapter 13 Trustee, who makes distributions to creditors according to the provisions of a confirmed plan. Filing a Chapter 13 case allows debtors to keep valuable property – especially a home and car – which might otherwise be lost to foreclosure or repossession, or liquidated in a Chapter 7 proceeding. Similar to a Chapter 7 bankruptcy, a debtor receives a discharge after completing the plan payments.
Small Business Chapter 11 Bankruptcies
Congress recently enacted amendments to Chapter 11 of the U.S. Bankruptcy Code which make it easier and faster for small businesses to successfully reorganize their financial affairs. Previously, Chapter 11 proceedings were too expensive and complicated for most small businesses. Now, small businesses may obtain the benefits of a Chapter 11 reorganization by continuing to operate their business while repaying their creditors. The process is similar to a Chapter 13 proceeding and requires a debtor to file a Chapter 11 plan. A small business Chapter 11 plan can last 3-5 years and at the completion of the plan, the debtor can receive a discharge of most debts.
Bankruptcy Litigation and Adversary Proceedings
We understand that bankruptcies are complicated and without proper legal representation valuable legal and property rights can be lost. We routinely help individuals, businesses and financial institutions protect their rights in bankruptcy and adversary proceedings including:
- Dischargeability proceedings
- Relief from the automatic stay
- Defense of preference actions and fraudulent transfers
- Plan confirmation
- Assumption/rejection of leases and contracts
- Claim disputes
- Perfection of security interest
- Bankruptcy litigation
Commercial Collections and Creditors’ Rights
We represent individuals, businesses, and financial institutions at all stages of the collection process. Our experience in business and real estate law compliments our collection practice and enables us to work with you to develop pragmatic and cost-effective solutions. We regularly advise clients in a variety of collection matters including:
- Commercial collection litigation
- Pre-judgment collections
- Post-judgment collections
- Replevin actions for the recovery of personal property
- Execution and Garnishment
- Real estate and personal property lien disputes
- Commercial lease disputes
Employing a Client-Centered Approach
We believe that effective representation demands a client-centered approach. We work closely with clients through every step of the process and maintain direct and transparent communication throughout to ensure that we address and resolve the unique issues surrounding each client's situation.
Contact Allen Carlson PLLC for Further Assistance
Please contact us at (253) 212-2599 to learn more about how our services can help you resolve your financial challenges. We look forward to working with you.