BANKRUPTCY & INSOLVENCY LAW
Bankruptcy Relief and Bankruptcy Litigation
The Law Office of Daren M. Schlecter represent debtors, creditors, and other third parties in a variety of matters:
Debtor Side Representation
We help people and small businesses file for bankruptcy protection. Whether you face a foreclosure sale on your house, have an unmanageable lease with your landlord, or some other exigency that requires debt relief, we help consumers and small businesses reorganize through the bankruptcy process. We are a debt relief agency.
Creditor Side Representation
We assist individuals and small business recover monies lawfully owed to them in bankruptcy. We ensure that the creditor’s rights are adequately protected in bankruptcy, from pre-bankruptcy planning to negotiation with the debtor and other creditors in bankruptcy to maximize value for you.
Interested Party Representation
We represent tenants, landlords, vendors, suppliers, contractors, investors, and other parties. Oftentimes bankruptcy will affect these third parties negatively if the party is not represented by counsel. We ensure that those rights are protected from the opposing interests of the debtor, creditors, and other parties involved in the bankruptcy process.
Examples of Our Representation in Bankruptcy Litigation
- Dischargeability-Actions (disputes to determine whether a debt can be discharged)
- Preference Actions (Actions by a debtor or Trustee to recover monies given within 90 days of filing
- Fraudulent Transfers (Actions to recover transfers made from the debtor that could be considered fraudulent)
- Actions involving the Automatic Stay - Motions, Oppositions, Replies, etc.
- Objections to Confirmation (Chapters 7, 13, or 11)
- Landlord and Tenant Rights in Bankruptcy - including the use, sale or lease of property
- Lienstripping or any other proceeding to determine the validity, extent or priority of liens
- Turnover Actions (to return property to a debtor)
- Actions to determine fraud
- Claims by or against a Debtor or involving the debtor’s exemptions
- Objections to a Debtor’s Discharge/Defending an Objection to Discharge
- Bankruptcy actions involving pending or current state court litigation or actions removed from bankruptcy court to district court.
Examples of our clients include debtors filing chapter 7, 11, or 13, creditors seek payment of a promissory note or other debt, real estate developers, investors, contractors, subcontractors, vendors, suppliers, landlords, tenants, sublesee’s, and other third parties.
Whether you are suing or being sued, you need an attorney with bankruptcy knowledge who can successful maneuver the procedures of Bankruptcy Court and a litigator who will vigorously protect your rights and interests.