Creditors’ Rights

Storefront

Our firm has decades of experience protecting creditors’ rights in state and federal court, including in bankruptcy cases. We regularly pursue personal and commercial debts, fraudulent conveyance claims, and post-judgment remedies. Our attorneys know state and federal procedure well, litigating cases to maximize our clients’ recovery while minimizing their legal costs.  We proceed to judgment aggressively, which increases our leverage to negotiate settlements when it best suits our clients’ needs.

When debtors attempt to employ delay tactics, frivolous defenses, and counterclaims to deter creditors, our attorneys know the most effective procedures for overcoming these challenges.  We regularly secure the disposition or dismissal of hollow claims of statutory violations, including unfair trade practice and FDCPA claims, early on in the litigation process.  Our team is also well-versed in pursuing summary judgment when appropriate, such as when debtors assert baseless claims for fraud.

Our well-regarded Connecticut and western Massachusetts foreclosure lawyers have extensive experience in real estate law and litigation, bankruptcy, foreclosure, and other related areas. We approach each case with a focus on speed and efficiency to allow our clients can recoup their assets. As the default servicing landscape continues to change, our Connecticut foreclosure attorneys also emphasize the importance of accurate legal work to minimize delays in the litigation process. By staying abreast of changes in the law and legal trends, our staff helps our clients stay informed and out of trouble.

If a debtor files bankruptcy, we are ready to pursue any strategy necessary to protect our clients’ rights and maximize their recovery. In some cases, the best course may be to simply file a proof of claim and ensure the appropriate payout from the debtor’s reorganization plan. When, however, our clients require more active involvement in the case to protect their rights, we are ready to contest attempts to strip or cram-down liens, move for relief from stay, and file adversary proceedings to contest the dischargeability of debts.

We also regularly handle loan workouts and debt restructuring for creditors facing troubled financing and distressed projects.  Our attorneys work to prevent future challenging collection scenarios by counseling clients on how to develop practices and forms that will minimize their risk of lender liability exposure.

Our knowledgeable and efficient team is a valuable ally to creditors, especially given the expanding maze of statutes regulating debt collectors.  Whether you are seeking to collect a single unsecured debt, or a regular stream of commercial obligations, we are ready to help.  Email the chair of our team at csklar@oamlaw.com.