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.
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.
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.
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