Creditors' Rights Law

Tennessee Creditors' Rights Attorneys

When a debtor falls on hard times and is unable to meet his financial obligations, the debtor's creditors often pay the ultimate price. If you are a creditor, you must protect your investment by acting fast when it becomes apparent that the investment is at risk because of the debtor's financial troubles. Failing to do so may mean losing pledged collateral or the dissipation of the debtor's assets. Whether you are an individual, business, or financial institution, you need an experienced creditors' rights attorney on your side to ensure that your interests are protected when a debtor defaults.

The creditors' rights attorneys at the Memphis, Tennessee law firm of Morton & Germany, PLLC provide aggressive representation to creditors facing default on the part of debtors. Our experienced and knowledgeable attorneys will help you navigate the often complex state and federal laws that frequently protect debtors to ensure that your rights are protected as well. Contact the Tennessee law firm of Morton & Germany by calling 901-522-5067 or by using our online contact form today to schedule your appointment.

When a Debtor Defaults

In the United States, a debtor may turn to bankruptcy for protection from creditors when the debtor faces financial troubles. The automatic stay in bankruptcy court often leaves a creditor without immediate recourse and worried about losing pledged collateral and payment streams owed to the creditor. As a creditor, however, you do have rights. Our creditors' rights attorneys may be able to help you obtain extraordinary relief to prevent unnecessary loss of secured property or assets but you must act quickly! In order to protect your investment you must act within the time limits set by the bankruptcy court or you may forever lose your right to collect anything from the debtor. There may be legal avenues by which you can protect pledged collateral, including the following:

  • Injunctions
  • Restraining orders
  • Writs of attachment
  • Writs of possession

Once a debtor has sought bankruptcy protection it becomes even more important for a creditor to obtain legal counsel to ensure that the often complex bankruptcy laws and procedures are followed. Our creditors' rights attorneys have extensive experienced representing individual, business, and financial institutions in all aspects of bankruptcy proceedings, including the following:

  • Chapters 7, 11, and 13 bankruptcy proceedings
  • Adversary proceedings, including claims of preferential transfers, fraudulent conveyances, turnovers, lien avoidance, and set-offs
  • Actions for relief from the automatic stay of 11 U.S.C. § 362
  • Objections to confirmation
  • Challenges to the dischargeability of debts or objections to discharge

As a creditor it is crucial that you do not wait to assert your rights once it becomes clear that a debtor is headed for default. The moment it becomes clear that repayment is not forthcoming you need to contact an experienced creditors' rights attorney to begin legal action. Although there are numerous state and federal laws that protect debtors who cannot repay their debts, you also have rights as a creditor. However, you must affirmatively assert those rights to ensure that your investment is protected.

The Tennessee creditors' rights attorneys at the law firm of Morton & Germany, PLLC are committed to aggressively protecting your rights and your investment. Do not make the mistake of waiting too long or counting on the court to protect your rights. Contact the law firm of Morton & Germany, PLLC today by calling 901-522-5067 or by using our online contact form to schedule your consultation. Se habla español.