Bankruptcy - Creditor’s Rights

At Dougherty Molenda, we understand and address the complexities creditors face when debtors declare bankruptcy. Our team of attorneys is dedicated to representing creditors throughout the bankruptcy process, including in adversary proceedings when necessary. We provide strategic guidance on claims enforcement, asset recovery, and maximizing recoveries from insolvent estates. Our approach is designed to deliver effective solutions that safeguard your financial interests in Chapter 7 liquidations, Chapter 11 reorganizations, or Chapter 13 adjustments.

Chapter 7: Liquidation Bankruptcy

Our goal is to guide creditors through the process of debtor liquidation, ensuring maximization of asset recovery and claim enforcement.

  • Asset Analysis: Identification and assessment of debtor’s assets eligible for liquidation.

  • Claims Filing Assistance: Guidance on timely and correctly filing claims to participate in the distribution of the debtor's liquidated assets.

  • Maximizing Recoveries: Strategic approaches to prioritize and increase creditor recoveries from the liquidated estate.

  • Legal Representation: Vigorous representation in court to challenge exemptions or fraudulent conveyances that impact creditor recoveries.

Chapter 11: Reorganization Bankruptcy

Our goal is to assist creditors in navigating the reorganization process to ensure their claims are addressed and recoveries optimized.

  • Creditor Committee Representation: Acting on behalf of creditor committees to influence the reorganization plan in favor of creditors.

  • Debtor-in-Possession Financing: Advising on and structuring creditor provisions in debtor-in-possession financings.

  • Plan Analysis and Objections: Analyzing reorganization plans and raising objections to protect creditor interests.

  • Claim and Recovery Maximization: Ensuring that creditor claims are accurately recognized and maximized throughout the reorganization process.

Chapter 13: Adjustment of Debts of an Individual

Our goal is to ensure that creditors’claims are fairly treated and recoveries optimized in the adjustment plans formulated under Chapter 13.

  • Plan Review and Objections: Detailed review of repayment plans to ensure they meet legal standards and protect creditor interests.

  • Claim Enforcement: Assisting creditors in enforcing their claims within the framework of Chapter 13.

  • Monitoring Plan Performance: Continuous monitoring of the debtor's plan performance and taking action in case of non-compliance.

  • Maximizing Creditor Recoveries: Employing strategies to increase the likelihood of full recovery over the course of the debtor’s repayment plan.

Contact Us

For more information on the creditor-focused bankruptcy services we provide, or to schedule a consultation, please contact us today. Let us help you navigate the complexities of this financial landscape with confidence and clarity.