Creditor’s Rights

Kane & Papa, P.C. in Richmond, Virginia advocates on behalf of creditors’ rights in Chapter 7, 11, and 13 bankruptcy proceedings. As bankruptcy attorneys with over 55 years of combined experience, we possess a thorough understanding of the bankruptcy process, and know how to protect and enforce creditors’ rights and interests. Our attorneys provide comprehensive legal counsel in all aspects of debt collection, including:

  • Objections to discharge
  • Motions for relief from the automatic stay
  • Motions for adequate protection payments
  • Asset sales
  • Plans of reorganization
  • Assumption and rejection of executor contracts
  • Defense of preference actions

When representing creditors in consumer and business bankruptcy cases, our attorneys aim to enforce and protect the rights of secured creditors and their collateral. If one of your debtors files for bankruptcy, Kane & Papa, P.C. can guide you through every stage of the bankruptcy process: we can assist you in complying with the automatic stay and ceasing all collections actions; help you complete all necessary court filings, such as a proof of claim; and, guide you through litigation, including subsequent adversarial proceedings to collect on non-dischargeable debts.

Foreclosure Services

Kane & Papa, P.C. maintains a full-service real estate foreclosure practice. Our attorneys have conducted numerous real estate foreclosure sales throughout Virginia, and frequently serve as substitute trustees. In this role, we handle all aspects of the foreclosure sale, such as providing notice to property owners and other lien holders (including the Internal Revenue Service), performing title searches, resolving title disputes, closing, and filing the final accounting.

Foreclosure of Personal Property

Our attorneys are also equipped to handle foreclosures of personal property under Article 9 of the Uniform Commercial Code (UCC), such as business equipment, automobiles, boats, patents, trademarks, copyrights, and other intellectual property.

Workouts

Our attorneys frequently assist creditors with workouts and financial restructuring transactions. Often, Kane & Papa, P.C.’s lawyers are able to help creditors deal with financially distressed entities without resorting to litigation or bankruptcy, thus saving our clients time and money. When handling negotiations and out-of-court workouts and reorganizations, our attorneys partner with lenders to accurately analyze the debtor’s business, as well as the enforceability of their obligations and security interests. We also assist in resolving any post workout matters, representing lenders on a continuing basis in connection with complex workouts of their delinquent debt portfolios.

Seek Experienced, Effective Legal Representation

Our attorneys are experienced commercial litigators and zealous advocates when called upon to represent the rights of creditors. To find out how we can assist you or your organization, contact Kane & Papa, P.C. for a free initial consultation.