Creditors' Rights in Bankruptcy

Boston Creditors' Rights Attorney

Motions for Relief from Stay • Contesting Discharge

Debtors have considerable rights under the U.S. Bankruptcy Code. Without qualified legal counsel as a counterbalance, a creditor's ability to recover debts is greatly diminished.

Gannett & Associates of Boston, Massachusetts offers more than 20 years of experience and exceptional skill in protecting the interests of businesses and lenders in bankruptcy proceedings. Our creditors' rights attorney has represented Fortune 500 corporations, as well as small and mid-size companies, in bankruptcy reclamation remedies. Richard W. Gannett has the "hand-to-hand combat" experience to prevail on behalf of clients.

Bankruptcy Litigation

• Relief from stay — Debtors are granted an automatic stay from all collection, foreclosure or repossession actions upon filing for bankruptcy. Creditors can argue before the bankruptcy court for a motion for relief from stay regarding particular debts, in order to foreclose or repossess.
• Contesting discharge — A creditor can challenge the debtor's right to a discharge arising from fraudulent activity.
• Contesting dischargeability - A creditor can challenge the dischargeability of specific debts. 
• Lien avoidance — The debtor can seek to have liens "stripped" as part of bankruptcy proceedings, so that the property is unencumbered when the debtor emerges from bankruptcy. Gannett & Associates challenges debtors' attempts at lien avoidance.
• Bankruptcy reclamation — Bankruptcy law provides a short window of opportunity to recover assets sold to an insolvent buyer. By court order, the creditor can impel the buyer to return goods purchased in bad faith (knowledge of impending insolvency). It is critical to seek an attorney quickly! Your bankruptcy lawyer can advise whether adversary proceedings are cost-effective and viable in your situation.
• Preference litigation — Preference claims concern payments made by a debtor to certain creditors, which the debtor typically claims diminishes assets available for distribution among all creditors. The bankruptcy code makes preference payments recoverable by the bankruptcy estate if paid within 90 days prior to the filing (as well as any payments made after the petition is filed).
  

Gannett & Associates represents creditors who are paid in the ordinary course of business. (e.g., scheduled payments by the debtor to retain secured property), and also represents aggrieved creditors who believe that other creditors were given preference.

Cost-Effective Solutions • 617-367-0606

Richard W. Gannett has tried hundreds of cases. Where appropriate, negotiation, mediation or arbitration can be more cost-effective, or lead to partial recovery where litigation may yield none. Our firm provides forthright legal advice about the best strategy for each client. Contact our Boston creditors' rights attorney to arrange a consultation.