New York City Creditor Representation Lawyer
Bankruptcy protects debtors from creditors and provides a means for debtors to eliminate, reduce or restructure their debt. Creditors are forced to comply with the decisions of the bankruptcy trustee and bankruptcy courts, but creditors are not without their rights. As a creditor, you have a voice in the bankruptcy process, should you choose to exercise it. As a 40-plus year veteran of bankruptcy law, New York City creditor representation lawyer Harry D. Lewis has decades of experience representing both debtors and creditors in bankruptcy, including complex Chapter 11 reorganizations involving major national corporations.
Below are some of the ways Harry D. Lewis represents creditors in bankruptcy. To learn more about creditors’ rights in bankruptcy and discuss your specific needs, call the Law Office of Harry D. Lewis at 212-813-8393.
Relief From the Automatic Stay
Upon the filing of a bankruptcy petition, the court institutes an automatic stay on all collection efforts – letters, phone calls, repossession, foreclosure, liens, wage garnishment, lawsuits, etc. This stay remains in place throughout the bankruptcy proceeding, during which time the creditor’s claim could be reduced or eliminated. It is possible, however, to apply to the court for relief from the automatic stay order. If relief is granted, the creditor can resume collection activities.
The Law Office of Harry D. Lewis can assist you in applying for relief from the automatic stay. This process requires preparing, filing and arguing a motion in court to convince the judge that relief is appropriate. If you are being prevented from pursuing debt collection due to the debtor’s bankruptcy filing, call the Law Office of Harry D. Lewis for help.
Representation in Section 341 Meetings of Creditors
Under Section 341 of the Bankruptcy Code, the trustee assigned to a bankruptcy case will hold a meeting, known as the meeting of creditors. The debtor’s attendance is required at this meeting, but attendance by creditors is optional. If no creditors appear, the meeting will likely only last a few minutes and consist of the trustee reviewing the debtor’s paperwork and asking questions to verify that the documents submitted are accurate and complete.
As a creditor, you have the right to appear at the 341 meeting and put questions to the debtor yourself regarding the debtor’s assets, income, liabilities, the property used to secure a debt, and other related matters. The Law Office of Harry D. Lewis can advise you on the benefits of appearing at this meeting, help you prepare for the meeting, and attend the meeting with you or as your representative.
In Chapter 11 or Chapter 13 bankruptcy, the debtor will come up with a reorganization plan or debt adjustment/wage earner’s plan, respectively. Both the debtor and the debtor’s creditors are obligated to comply with the terms of an approved plan. These plans are developed jointly by the debtor, the bankruptcy trustee and the creditors. How much of an interest you take in a plan’s development is up to you, but as a creditor’s representative, New York bankruptcy attorney Harry D. Lewis recommends that you play an active role in the plan’s creation. The Law Office of Harry D. Lewis can advocate on your behalf in the development of a Chapter 11 or Chapter 13 plan, as well as object to a proposed plan that might be unduly detrimental to your interest.
You must comply with a plan approved by the court. Make sure your voice is heard in the process. Call the Law Office of Harry D. Lewis for help.
Harry D. Lewis is an accomplished courtroom litigator in many areas of law, including bankruptcy. He can ably represent you in adversary proceedings and contested matters that arise in a bankruptcy case, including disputes with the debtor or another creditor. The Law Office of Harry D. Lewis is prepared to represent you in the following areas, among others:
- Disputes Over the Dischargeability of a Debt
- Objections to a Plan’s Confirmation
- Fraudulent Transfers
- Avoidance Claims
- Preferences/Recovery of Preferential Transfers
Standing up for New York City Creditors’ Rights in Bankruptcy
For advice and representation as a creditor impacted by a business or consumer bankruptcy in New York, call the Law Office of Harry D. Lewis at 212-813-8393.