Bankruptcy Law

Creditor Representation and Bankruptcy Litigation

As with most areas of the law, the Bankruptcy Code is comprised of a complex set of statutes that can seem daunting and prove challenging for even the most experienced practitioners. Lovein Ribman, P.C. has built its reputation on providing our clients with cost-effective, creative, and efficient solutions to some of the most challenging legal problems in the industry. Whether you are a debtor considering filing bankruptcy, a business in need of reorganization or restructuring advice, or a creditor in need of representation and guidance throughout the bankruptcy process, the attorneys at Lovein Ribman, P.C. are experienced, knowledgeable, and capable in handling insolvency-related matters whenever they might arise. To discuss your options, contact us by submitting the Contact Form or by calling us at (888) 368-2483 to talk to one of our bankruptcy attorneys.

Creditor Representation

When a debtor files bankruptcy, it is imperative that a creditor not only have a general idea of how the bankruptcy process works, but understand its legal rights and remedies with respect to enforcing payment of its debt including classifying claims, lifting the automatic stay, objecting to discharge, preserving and enforcing lien rights, protecting cash collateral, enforcing executory contracts and leases, and other common situations often encountered by creditors in connection with reorganizations, workout plans, and bankruptcies. The goals of a creditor in bankruptcy should be: (1) to obtain as much relevant information as possible; (2) ensure reasonable restrictions are placed on the debtor’s actions; (3) preservation of assets; (4) eliminate waste by the debtor; and (5) maximize repayment of its debt.

The attorneys at Lovein Ribman, P.C. represent creditors in all stages of the collections process, both inside and outside of bankruptcy. The firm’s attorneys are highly skilled and experienced in bankruptcy litigation including relief from the automatic stay, valuation disputes, contract disputes, claim objections, bringing and defending preference, avoidance, dismissal, and fraudulent transfer claims, as well as shareholders, director, and officer liability claims.

What is a Proof of Claim?

A proof of claim is a document that is filed in the debtor’s bankruptcy case by a creditor detailing the debt owed by the debtor. The proof of claim explains that creditor’s right to receive payment for a debt that the debtor owed on the date the debtor filed for bankruptcy. A claim can be either secured or unsecured. A secured claim is a claim that is supported by a lien on particular property owned by the debtor—this could include real property, vehicles, equipment, or any other piece of property that a creditor has a security interest in. Under the Bankruptcy Code, a claim is secured to the extent that a creditor has the right to be paid from the property before other creditors are paid. In most circumstances, the amount of a secured claim typically cannot exceed the value of the specific property on which a creditor has a lien. Any amount owed to a creditor in excess of the value of the property is normally an unsecured claim; however, exceptions do exist. An unsecured claim, is a claim that does not meet the requirements of a secured claim. A claim may be unsecured to the extent that the amount of the claim is more than the value of the property on which a creditor has a lien.

The Debtor is in Possession of My Collateral and Has Filed Bankruptcy—Now What?

While the filing of a bankruptcy petition does trigger the automatic stay—an order that goes into effect to stop most collection efforts during the course of a debtor’s bankruptcy—the automatic stay is not absolute. In fact, particularly in situations involving claims secured by liens on collateral, the automatic stay is often times lifted so that a creditor can recover its property in the event the property is not “adequately protected” or there is not enough equity in the property to cover the underlying debt (i.e., an “equity cushion”). Additionally, sometimes property may not be necessary for an effective reorganization of the debtor, which may also be a basis for lifting the automatic stay.

What is an Adversary Proceeding?

While the filing of a bankruptcy petition “stays” most state court and other lawsuits against a debtor, it does not necessarily mean the end of litigation. In fact, in some cases, it may be the beginning of many more claims and disputes to come. In contested bankruptcy cases, where resources are scarce, claims are disputed, and large amounts of money are at stake between competing parties, a bankruptcy debtor can reasonably expect to encounter post-filing lawsuits known in the bankruptcy community as “adversary proceedings.” An adversary proceeding is a lawsuit filed separate from, but related to a bankruptcy case—largely resembling a civil court action. Common adversary proceeding matters often involve issues of claim priority, preference payments (i.e., an action to recover money paid to a creditor prior to filing bankruptcy), violations of the automatic stay, debt dischargeability, and fraudulent transfer issues. An adversary proceeding can be initiated by a creditor, the bankruptcy trustee, or in some cases, the debtor. If you are involved in or are considering filing an adversary proceeding in a bankruptcy case, speak to an attorney to advise you of your rights and remedies as well as maximize your chances of prevailing on your claim.

IF YOU ARE A CREDITOR IN NEED OF REPRESENTATION, PLEASE CONTACT US BY SUBMITTING THE CONTACT FORM OR BY CALLING (888) 368-2483 FOR A NO OBLIGATION CONSULTATION TO DISCUSS THE OPTIONS THAT ARE AVAILABLE TO ENFORCE YOUR RIGHTS AND MAXIMIZE RECOVERY BEFORE, DURING, OR AFTER A BANKRUPTCY PROCEEDING IS INITIATED.

Texas Employment Law Attorneys

SUBMIT THIS SIMPLE FORM OR CALL (888) 368-2483 TO TALK TO one of our EMPLOYMENT law ATTORNEYs

Robert M. Lovein

About the Author

Robert M. Lovein is the Managing Partner at Lovein Ribman, P.C. , a Texas-based construction law firm.

He is Board Certified in Construction Law by the Texas Board of Legal Specialization and brings nearly 30 years of experience representing contractors, business owners, and professionals across Texas.

Submit this Simple Form or Call (888) 368-2483 to Talk to a Construction Attorney
"Mr. Lovein, I just wanted to say as a 30 year professional myself, Lovein Ribman goes the extra mile to over deliver and provide value and a quality product, as well as the customer service, that is far too many times overlooked by a lot of so called "professional service providers" of today's world. The ones that take pride in serving their customers in a caring and professional manner are the ones who stand out as "the leaders" in their niche or profession. It's that one extra step that puts you a mile above the rest in the industry and really makes it a no-brainer when it comes to making the choice of a company that you can count on to fulfill the commitment that they've made to their customers. You guys do a great job and I for one am grateful for the quality service and ongoing customer support that you provide."
- T & L Hunt Construction
best-lawyers-2021-robert-lovein
Words can not express how grateful I am to have worked with Lovein Ribman, in particular Nick Messina. (Luckily) I don't deal with lawyers on a regular basis but if I did, Nick has set the bar in terms of my expectations. Super professional, prompt, proactive. Always feel that I was a priority and not just a number. Beyond that, Nick is a smart and savvy lawyer and the result was more than I could have ever hoped for! I only speak highly of my experience with him.
- Mykyung Kang
I have been working with Lovein Ribman for the last couple of years. They have done an awesome job for my company, always fast and responsive on any issue that arises. We will be customers for a very long time!
- Aundrick Richard
best-law-firm-us-news2023.png
Robert Lovein is a class act. Bob has assembled an exceptional team of professionals. Most recently, I had the opportunity to work with David McDevitt at Lovein Ribman. David impressed me with his knowledge of: the law, the rules of civil procedure and (most importantly) his attention to detail. David McDevitt is one of many outstanding professionals at Lovein Ribman. Their billing was very fair. I wouldn't hesitate to hire them again and I give them my highest recommendation.
- Kendrick Revocable Trust
Lovein Ribman were able to quickly resolve a flooding issue at my building which was reaching the two statute year statute of limitations. They swiftly took action and resolved the problem within days. Very professional and results driven firm!
- Brandon Micci
Best-Law-Firms-Standard-Badge-sm
Amazing firm! Robert Lovein was incredibly responsive, knowledgeable and absolutely results oriented. I had been dealing with a mechanics lien issue on several properties for 2 years with another attorney and Robert resolved it within a day. This issue was impacting my client as well so the stakes were high and Robert delivered incredible results on it. As a business owner in business for 23 years I have dealt with many attorneys over the years and I can say that Robert was by far the best experience and result. He is definitely best in class!!
- Leah Sadaoui
elite-lawyer-white
DFW Metroplex

1225 S. Main Street, Suite 200
Grapevine, Texas 76051

(817) 442-5106

Fort Worth

2100 N. Main Street, Suite 214
Fort Worth, Texas 76164

(817) 442-5106

Austin

919 Congress Avenue, Suite 1220
Austin, TX 78701

(512) 215-2777

Houston

2800 Post Oak Blvd., Suite 5600
Houston, Texas 77056

(346) 291-5106

(BY APPOINTMENT)