Creditor representation in bankruptcy
A bankruptcy filing triggers the automatic stay, which generally stops collection immediately. Bankruptcy deadlines are short and strictly applied. The firm represents creditors in:
- Proofs of claim. Preparing and filing claims, and responding to objections.
- Objections to discharge and dischargeability. Adversary complaints asserting that a particular debt should not be discharged (for example, debts obtained by fraud) or that the debtor should be denied a discharge.
- Preference and fraudulent-transfer defense. Defending creditors sued by a trustee or debtor to recover payments or transfers received before the filing.
- Relief from the automatic stay. Motions to proceed with litigation or enforce rights outside the bankruptcy case.
The firm does not file bankruptcy petitions for debtors.
Enforcing a judgment in California
- Abstract of judgment recorded to create a lien on the debtor's real property in a county.
- Judgment lien filed with the Secretary of State against certain business personal property.
- Writ of execution and levies on bank accounts, receivables, and other assets.
- Wage garnishment through an earnings withholding order, for individual debtors.
- Debtor examination and written discovery to locate assets.
- Confirming arbitration awards so they can be enforced as judgments.
A California money judgment is generally enforceable for 10 years and can be renewed (Code of Civil Procedure sections 683.020 and 683.110). Calendar the renewal date.
General information about California law, not legal advice for your situation. Deadlines and outcomes depend on the facts and the documents. Past results do not guarantee or predict a similar outcome.