Creditors’ Rights

The filing of a bankruptcy changes the rules in dealings between a debtor and its creditors. Although the common perception is that creditors have no rights once a bankruptcy is filed, this is not the case. Depending upon the facts of a given case, creditors may have the rights to seek relief from the bankruptcy stay to pursue remedies, to object to the discharge of the debtor, to object to a proposed plan, to seek an order granting adequate protection, to seek reclamation of goods shipped to the debtor, and to file a proof of claim. Creditors hoping to utilize any of these remedies must assert their rights in the form of pleadings filed with the bankruptcy court. In most instances, there are mandatory deadlines imposed for taking actions in a bankruptcy case. Our bankruptcy lawyers regularly represent creditors in bankruptcies and can take whatever actions are available to protect their interests.

Our attorneys can assist creditors in asserting their rights even in cases filed outside of Ohio. With electronic court filings, e-mail, teleconferencing, and similar advances in technology, it is possible for our office to represent creditors in bankruptcy courts around the country. If necessary, we can also assist creditors in locating local counsel in any bankruptcy court in the country. Our bankruptcy attorneys have represented a number of creditors in two of the largest bankruptcy courts in the country—Delaware and New York City, including representation in the Enron Chapter 11. We can also act as local counsel to assist out-of-town creditors or their counsel in bankruptcy cases filed in Ohio.