Bankruptcy is a process that a lot of people use, sometimes deceivingly, to avoid paying what they owe. Perhaps you are attempting to obtain a judgment or you already obtained a judgment against someone (or a corporation), and you’ve spent money on attorneys’ fees and court costs to get to that point. The whole reason for pursuing your lawsuit was to collect what was owed to you; then, all of a sudden, the person you are suing files a suggestion of bankruptcy and there is an immediate stay against further action by you.
The question becomes, how do you proceed and is there anything that you can do? At this point, you need to hire an experienced litigator, one that knows what to do in order to lift the bankruptcy stay and collect what is owed to you. We recently obtained over $71,000.00 (which included attorney’s fees) for our client by pursuing our client’s right to collect within the debtor’s bankruptcy proceeding. Don’t be intimidated by bankruptcy threats. Most times, bankruptcy lawyers fold like a cheap suit when faced with pursuit of a debt within a bankruptcy proceeding.
Should you be owed money and the other side is threatening bankruptcy or seeking to hide behind a bankruptcy proceeding, call us. Our lawyers know what to do and can help.
Submitted by: Jose D. Estigarribia, Esq.