Columbia Bankruptcy Attorney
Information Regarding Bankruptcy in Columbia, SC
The primary goal of the bankruptcy and insolvency division is to handle
consumer and commercial bankruptcy matters for clients either in a pre-filing,
negotiation or post-filing stage in Chapter 7, 11 or 13.
Whether prior to or after filing a bankruptcy petition, insolvency matters
require immediate attention. This department is set up to provide quality
legal services in the shortest period of time at the least expense to
the client.
CLIENT REPORTING
The client and
attorney discuss the strategy of representation throughout representation. The
client is provided, for example, with copies of correspondence and pleadings
such as motions for lift of stay, motions for prohibiting use of collateral,
objections to disclosure statements and plans of reorganization, motions
to use cash collateral, notices of sale, and complaints. The client needs
for documentation can be tailored as to the frequency and type of documents
sent to the client and as to the number of client contacts desiring the
documents.
Bankruptcy Referral Status Sheets are provided to the client for lease
in recording pertinent dates and deadlines. This report can be tailored
to the needs of the client.
COMPLEX MATTERS
Insolvency matters range from simple to complex pre-petition negotiations
to simple or complex post-petition representation. The bankruptcy and
insolvency division has its own litigators, but if necessary, can draw
from the Firm's general litigation division for experience in certain areas.
WHAT IS AN AUTOMATIC STAY IN BANKRUPTCY?
When an Automatic Stay is issued, you will be served with a bankruptcy
filing from someone who owes you money. How does someone else’s
bankruptcy apply to you?
The exact moment a debtor files bankruptcy, the Automatic Stay goes into
effect. This means creditors cannot take any further action that would
affect the assets or rights of the bankruptcy estate or the debtor. For
example, a creditor cannot file a lawsuit against the debtor once the
bankruptcy petition has been filed, nor can a creditor execute on a judgment
that is obtained before the bankruptcy petition was filed. The premise
behind bankruptcy is to stop collection and allow the debtor time to reorganize
or liquidate their estate so that creditor claims can be paid.
The Automatic Stay is not permanent, however, and there are several ways
a creditor may seek relief from the Automatic Stay.
Contact our office to learn more.
CONTACT A COLUMBIA BANKRUPTCY ATTORNEY
Pre-Petition negotiations associated with the treatment of the lending
institution vary. A time strategy on each matter is developed and met.
As to bankruptcy representation, time is of the essence. The Bankruptcy
Code sets a number of deadlines varying from 10, 25, 60 and 120 days,
which tend to push the cases to fruition swiftly. Time is of the essence
in these matters, and we meet all deadlines and work within a time strategy
set by client and counsel.
Contact us today for additional legal counsel.