Creditor's Rights
The Law Offices of Sheila Esmaili is well-versed in representing unsecured creditors, secured creditors and interested parties in bankruptcy proceedings throughout California.
Creditors have important rights in bankruptcy court. If you are facing a bankruptcy that may impact your rights to money or property, it is critical to protect your rights and speak to an experienced and creative bankruptcy attorney right away. There are short time limitations to assert your rights in bankruptcy court, and those rules often are strictly enforced.
Creditor's Rights includes:
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Involuntary bankruptcies against persons and entities with assets or income that refuse to pay their undisputed debts under 11 U.S.C. § 303;
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Motions to dismiss or convert bankruptcies, usually when debtors try to file for a chapter of bankruptcy that benefits them by allowing them to retain their assets or income, thereby harming creditors in violation of the best interest of creditors test under 11 U.S.C. § 707 (Chapter 7), 1112 (Chapter 11), and 1307 (Chapter 13);
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Relief from stay to proceed in non-bankruptcy forums, to complete foreclosures (trustee sales), unlawful detainers, and repossessions under 11 U.S.C. § 362;
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Non-dischargeability adversaries in bankruptcy to obtain a court order that a debt, whether reduced to judgment before the bankruptcy or not, is exempt from any discharge in the bankruptcy under 11 U.S.C. § 523; and
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Denial of discharge adversaries to obtain a court order that a debtor is not entitled to a discharge in bankruptcy due to bad acts, which often involves a significant non-disclosure or false statement in their petition, schedules, statement of affairs or at the meeting of creditors under 11 U.S.C. § 727.