Creditors Rights

Creditors’ rights could be described very broadly as: action(s) taken to collect money owed to an individual or entity (the “creditor”) by another individual or entity (the “debtor”). That description, however, doesn’t begin to scratch the surface of either the manner in which a creditor’s rights may be enforced or the forum in which to pursue enforcement. Sometimes, it’s a matter of filing suit against the debtor with the goal of obtaining judgment or settlement. Sometimes judgment is obtained and the debtor does not voluntarily pay (a judgment is simply a piece of paper unless and until the creditor actually gets paid). Other times, a debtor has filed for bankruptcy and, while collection activity must cease while the bankruptcy is pending, a creditor may have the option of informing the bankruptcy court that it has a claim against the debtor should any money be available to pay creditors through the bankruptcy plan. If you have questions as to whether your legal matter falls within this field of the law please do not hesitate to call our office to discuss.