Appointment of a recipient. YK`s lawyers deal with cases where creditor rights require a qualified external accountant or financial professional to assume responsibility for a company`s accounting procedures through an established legal process. The rights of creditors are at stake and require a JK lawyer to appear in the name of creditor protection in some cases. Compensation. Section 553 of the Insolvency Code authorizes a creditor to exercise his right of set-off if (i) there is a mutual debt, (ii) both debts arose before bankruptcy was filed, and (iii) the claim is a qualifying claim under the Bankruptcy Act. A creditor must apply for an exemption from automatic suspension before exercising his rights of set-off. ASK LLP is a national creditor law firm. We fight for your right to collect the money owed to your business and help you monetize your bad debts. The courts are not involved in the early recovery attempts of many creditors. The creditor can simply contact the debtor directly and demand payment. If these attempts fail, the creditor may transfer the debtor`s account to another company whose purpose is recovery. The practices of these debt collection agencies are regulated in order to avoid abuse. For example, the Fair Debt Collection Practices Act (FDCPA) dictates how, when and where debtors can be contacted and prohibits deceptive practices.
If a collection agency breaks the law, the debtor may be entitled to damages. The FDCPA only applies to people who regularly collect claims against someone else, not to creditors who collect their own debts. U.S. Federal Courts – Bankruptcy. Bankruptcy laws help people who can no longer pay their creditors make a fresh start – by liquidating assets to pay off their debts or by creating a repayment plan. Bankruptcy laws also protect distressed businesses and ensure orderly distributions to commercial creditors through reorganization or liquidation. Disguised fraud does not require proof of a genuine intention to impede or delay the rights of a creditor. Rather, it examines the underlying economics of the transaction to determine whether a fraudulent transfer has occurred. For example, if the debtor was insolvent and did not receive sufficient value for the transferred asset, the transfer may be considered fraudulent. Debtor in possession (”PID”). With the filing of an application under Chapter 11, the debtor becomes a ”self-administered debtor”, sometimes referred to as a ”DIP”, unless a trustee is appointed to direct the debtor company. A self-administered debtor automatically has the right to continue working in the normal course of business without further judicial approval.
The self-administered debtor (or a trustee, if appointed) performs three essential functions: (1) the conduct of the business; (2) the pursuit of certain means in the name of the succession, such as acts of preferential treatment, fraudulent acts of transfer and the cancellation of imperfect privileges and security; and (3) for a limited period of time, it has the initial exclusive right to propose a reorganization plan for the debtor and its business. A self-administered debtor has a fiduciary duty to protect all stakeholders, including creditors. The toolbox of creditor rights is vast, but the exercise of these rights is often urgent. In general, the longer the creditor waits to exercise his rights, the less likely he is to be paid. Keep in mind that the debtor often has cash flow problems and juggles payments to all of their creditors, not just you. As a rule, the most proactive creditor is first paid from the limited pool of funds available to all creditors. A creditor rights lawyer will recommend a proactive collection strategy because we understand the urgent nature of successful debt collection. Appropriate advice to creditors and affiliates should place great emphasis on clients in risk mitigation and other dispute prevention and resolution measures, including mediation and arbitration, to minimize losses to the extent possible and minimize legal fees and disruptions to business operations. .