California Creditor Rights Attorney
La Mesa lawyers help you recover from from debtors
The McMillan Law Firm, APC represents clients in various types of creditors’ issues, including foreclosure and collections. Businesses throughout California look to us for guidance and assistance when a debtor files for bankruptcy. When stakes are high, a creditor is urged to seek competent legal counsel. A creditor does not have to simply absorb loss without first seeking the opportunity to mitigate and minimize that loss. There are many avenues by which California creditors can recover partial or total amounts owed by clients who are filing Chapter 7, Chapter 11, Chapter 12 or Chapter 13 bankruptcy. The higher the stakes, the more worthwhile it is to examine all possible defenses.
Contact us to schedule a consultation regarding a pending or ongoing bankruptcy filed by a client-debtor. Assert your creditor rights in the face of the risk of total loss through a customer’s bankruptcy. Options may include the following:
- A creditor may assert an “administrative expense” priority claim for goods received by the bankrupt customer within 20 days of a bankruptcy filing.
- A creditor may assert a “reclamation claim” for goods delivered to an insolvent customer within the 45 days before a bankruptcy filing.
- A creditor may assert rights as a “lien holder” with regard to special classifications of supplies.
- A creditor may assert a right to compensation as an “essential supplier” or “critical vendor.”
- A creditor may pursue priority litigation versus other lien holders including secured creditors, taxing authorities and landlords.
- A judge may grant relief from an automatic stay if it can be shown that a debtor is committing fraud or acting in bad faith.
We also represents commercial and retail clients in the following:
- Commercial collections – collection of commercial debt, secured and unsecured, for small and large businesses, contractors, subcontractors, banks, lenders, commercial landlords and equipment lessors.
- Retail collections – collection of consumer debt, secured and unsecured, for banks, savings and loans, credit unions and other lenders.
- Construction collections – filing and enforcement of mechanic’s lien claims, and labor and material payment bond claims.
- Replevins – repossession and recovery of collateral from defaulting debtors for lessors and other secured creditors.
- Litigation – prosecution of debt collection civil actions in state and federal courts and before alternative dispute resolution forums (arbitration, mediation), and defense against debtor counterclaims.