Houston Creditors’ Rights in Bankruptcy Lawyers
Recovering Debts From the Jaws of Bankruptcy
When a debtor files for bankruptcy, it is one of the most challenging obstacles your business will face. Once a Bankruptcy Court discharges a debt or folds it into an approved reorganization plan, it disappears forever into that black hole. The only recourse is to challenge the debtor’s basis for bankruptcy protection, assert priority status over other creditors in the queue, or apply the limited strategies available to collect in spite of the bankruptcy.
The law firm of Wells & Cuellar, P.C., offers demonstrated results in debt collection and creditors’ rights in bankruptcy. We represent lenders, energy traders and businesses in Houston, Beaumont, Dallas, Austin, San Antonio and throughout Texas, and are available for consultation or special appearances in Bankruptcy Courts throughout the United States.
Texas and Nationwide Creditors’ Rights Lawyers
We are experienced in representing creditors’ interests in both liquidation (Chapter 7) and reorganization (Chapter 11 and Chapter 13) proceedings in the Bankruptcy Court, including protecting claims and collateral, defending preferences, and other bankruptcy litigation such as relief from automatic stay, non-dischargeability and Chapter 11 or 13 plan confirmation.
D. Brent Wells has practiced in collections and bankruptcy for more than 30 years, and is among the few Texas attorneys recognized by the American Board of Certification as a specialist in Creditors’ Rights. James Cuellar also brings 20-plus years of experience in collections, bankruptcy adversary proceedings and civil appeals. We are skilled at identifying and leveraging the tools, strategies and options to recover money — in some cases even after debtors are under protection of the Bankruptcy Court.
Collecting Debts in Spite of Bankruptcy
Wells & Cuellar, P.C., will not waste your company’s money chasing a lost cause, but we will assert your rights as a creditor under the Bankruptcy Code, and exhaust viable avenues to recover money or collateral. We position clients to maximize recovery through:
- The meeting of creditors — We routinely attend the 341 hearing to formally discover the dimensions and boundaries of the bankruptcy and gather information relevant to protecting your claims.
- Assumption of executory contracts — If the debtor (or trustee) acknowledges a continuing obligation under a contract with ongoing performance obligations on both sides, such as a commercial or equipment lease, we can seek to recover “cure” payment of pre-bankruptcy debt.
- Filing proof of claim — Secured claims (collateralized loans) and administrative claims (such as those for goods delivered in the last 20 days before bankruptcy) have priority over unsecured debts. It is critical to timely assert your rightful place in the hierarchy of claims.
- Proving fraud or malfeasance — Securing extension of credit by fraud on the part of the debtor can potentially allow us to carve a particular debt out of the bankruptcy discharge. We can then hope to pursue collection and judgment outside of Bankruptcy Court.
These are just some of the strategies we sometimes employ to capture payment or collateral from commercial or consumer bankruptcies.
Houston Attorneys for Creditors’ Rights in Bankruptcy
Creditors’ rights are complex and contentious, and you are no doubt competing with many other creditors for the limited assets of the debtor. Time is of the essence, as well as your lawyer’s courtroom skill and knowledge of U.S. bankruptcy law. We provide seamless service for collection actions that transition from state court into bankruptcy claims, and we will always give clients an honest cost-benefit analysis of pursuing those claims versus foregoing further collection efforts.