CREDITOR’S RIGHTS PRACTICE GROUP
The CSA&D Creditor’s Rights Practice Group is headed by Mark E. Sharp, a former Army JAG officer, who has nearly thirty years experience representing creditors before judges and juries in all Federal and state courts in Northern Virginia. While the filing for bankruptcy protection is usually considered a catastrophe for a debtor, it can also be a disaster for his creditor. The creditor’s loss of money lent to the debtor, failure to receive payment for goods or services provided, or inability to enforce a court judgment or other claim for payment can seriously damage the creditor’s business and personal life. Bankruptcy law is designed to give the debtor a “fresh start.” While that often results in a total loss to a creditor, proper advice and preparation can help him to have a better chance to minimize his damage.
Our bankruptcy group assists creditors in protecting themselves in the face of the bankruptcy of a person or other entity that owes them money, whether it’s before, during, or after the bankruptcy process. This includes a thorough review of the bankruptcy petition and paperwork to see whether bankruptcy protection is merited, and to see if fraudulent behavior by the debtor may result in a denial of his bankruptcy discharge. It also includes objections to the discharge of certain types of debts which are not properly eliminated in bankruptcy.
Services provided by our Creditor’s Rights Group include:
- Review of Contract Default Provisions for Enforcement Issues
- Review of Client Business Practices for Defense Against Creditor Claims
- Review of Debtors Record-keeping for Failures and Omissions
- Enforcement of Debtor Contract Obligations
- Negotiation of Debtor Contract Obligations
- Post-Judgment Collection Actions
- Levying of Liens, Garnishments Against Debtor’s Assets
- Seizures of Debtor’s Assets
- Bankruptcy Advice to Creditors Upon Chapter Filing by Debtor
- Litigation of Objections to Debtor Discharge in Bankruptcy Court
- Adversary Proceedings for Debtor Fraud or Misconduct
- Filing and Enforcement of Creditor Claims in Bankruptcy Reorganization cases