For a creditor, filing a proof of claim is the foundation of recovery in bankruptcy. It is the official statement to the court of how much you are owed and why. In many cases it is required before a creditor
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What Creditors Should Watch for in Bankruptcy
Bankruptcy cases move quickly and creditors who fail to monitor developments often lose critical rights. From asset sales and executory contracts to lien enforcement and debtor motions, each stage can affect how much you recover. For landlords, lessors, vendors, banks,
The Bankruptcy Discharge: What It Means for Business Creditors
When a business files for bankruptcy, one of the first questions creditors ask is whether their claims will survive the process. The answer depends on the scope of the bankruptcy discharge. While debtors often view the discharge as their “fresh
Priority Disputes in Bankruptcy: Why Creditors Should Pay Attention
When a company files for bankruptcy, there is almost never enough money to satisfy everyone. Creditors of all types such as banks, landlords, lessors, vendors, and taxing authorities submit claims against the estate. Because resources are limited, the bankruptcy system
Preferential Transfers in Bankruptcy: What Creditors Need to Know
When a business files for bankruptcy, creditors expect to recover only a fraction of what they are owed. Yet the surprise for many creditors is not simply the loss of future payments, but the demand to return payments already received.
A Creditor’s Guide to Bankruptcy Litigation
Bankruptcy does not mean creditors are powerless. Creditors have significant rights that can protect claims, preserve collateral, and improve recovery if asserted on time. This guide highlights the typical issues creditors face and explains why acting quickly with experienced counsel
Navigating Recovery for Private Lenders and Hard Money Loan Creditors
What to Know About Judicial Foreclosure, Creative Recovery Strategies, and Debt Collection Risks in Florida
Florida offers robust opportunities for private lenders, but default scenarios are legally complex. A core concept is that Florida follows the lien theory of mortgages.
New Federal Student Loan Caps: A Game-Changer for Private Lenders
What You Need to Know About the “Big Beautiful Bill” and Emerging Opportunities in Graduate Lending
With the passage of President Trump’s sweeping tax and spending package, the “Big Beautiful Bill,” the federal student loan system has entered a new
Understanding Rule 10b-5 Claims: Elements and Defenses in Securities Fraud Litigation
In today’s complex financial markets, allegations of securities fraud can have significant consequences for both companies and investors. One of the most important tools in securities litigation is Rule 10b-5, which provides investors with a private right of action to
The Whole Truth – Defending Against Claims That a Debtor Failed to Disclose in Bankruptcy Court
The Bankruptcy Code provides debtors with a fresh start or an opportunity to reorganize their debts. In doing so, the Code requires all debtors to provide, under oath, a full disclosure of their assets and liabilities. This requirement promotes fairness