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bankruptcy

CREDITOR'S RIGHTS, COLLECTIONS & BANKRUPTCY

Advocates of creditor’s rights in consumer and business bankruptcy cases
The recent proliferation of business and consumer bankruptcy filings nationally has caused a domino effect, affecting lenders and forcing them to tighten credit, thereby slowing the overall economy. There are very good and humane reasons for allowing businesses and individuals to get out from under debt they can never hope to repay, but when bankruptcy filings become a casual way of shedding obligations, they damage innocent parties while allowing irresponsible actors to escape natural and foreseeable consequences. A healthy economy requires a healthy balance where risk-taking is not severely punished but creditor rights are upheld, so the system remains sufficiently capitalized to fuel economic expansion. Handel & Carlini, LLP advocates for creditors in business and consumer bankruptcy proceedings to ensure that lending institutions remain robust and our local Hudson River Valley economy prospers.

Quality representation for financial institutions
The firm provides the necessary skills to represent a broad spectrum of clients including: banks, credit unions, and other institutional lenders; secured parties; trade creditors; commercial developers; construction contractors; distressed corporations; and creditors’ committees. Our extensive experience allows for full scale representation of our clients in all aspects of pending bankruptcy cases.

The firm also has substantial experience in reorganization and liquidation cases and has represented our clients’ interests in bankruptcies throughout the New York region. We actively represent clients on issues pertaining to assumption and rejection of executory contracts and real estate leases; protection of cash collateral; post-petition financing, plan structure and confirmation; and the acquisition and sales of assets in bankruptcy.

We are also active in representing clients in bankruptcy hearings and litigation matters which include: automatic stay litigation and enforcement; objections to discharge; preference and fraudulent conveyance litigation; lender liability claims; contested proceedings regarding the use of cash collateral and objections to claims; and contested disclosure statement and plan confirmation hearings.
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Legal assistance for lenders and uncompensated merchants
Laws meant to protect consumers from harassment by creditors can make it very difficult for lenders and merchants to collect sums to which they are entitled. Of course, waiting passively is not an option. Every day your lack of cash flow is hurting your business, while it’s quite possible your debtor is paying other creditors rather than you. And if a debtor is truly distressed, he or she may be heading for bankruptcy, hoping to discharge all obligations to you. Handel & Carlini, LLP understands that your business depends on a timely and complete payment for goods or services rendered. The firm’s attorneys pursue collections lawfully, but aggressively and effectively.

Choosing collections law firm services over collection agencies
Handel & Carlini, LLP attorneys adhere to the Fair Debt Collection Practices Act. Members of the firm conduct themselves politely and professionally at all times, so there is never a threat of harassment claims being levied against the firm or you. Lawyers have an additional advantage over a collection agency: when a law firm warns they’ll file suit, it’s not an idle threat as it often is with collection agencies, who don’t want the extra expense impacting their bottom line. Often the mere threat of a suit can lead to payment in full or a negotiated settlement. Because Handel & Carlini, LLP can quickly bring a civil action, they are capable of obtaining judgments in cases where the amounts owed are in dispute, improving your chances of receiving payment.

Collections law firm protects creditor and merchant rights
Handel & Carlini, LLP manages collections for clients in businesses the firm is well acquainted with, including real estate, finance and construction law. The firm has collected sums due as a result of:

  • Construction contracts

  • Real estate transactions

  • Loan and mortgage agreements

  • Court judgments

  • Professional fees

  • Handel & Carlini, LLP also represents creditors seeking to collect from consumers and businesses who have filed for bankruptcy.


Poughkeepsie banking lawyer offers preventative counsel
In addition, as skilled banking law attorneys, Handel & Carlini, LLP regularly advises clients concerning the workout and extension of troubled loans, restructuring of debt through out-of-court workouts, business planning formulation and structuring corporate transactions to anticipate and protect against future bankruptcies.

 

Contact us
To schedule a free initial consultation to discuss your rights, contact a knowledgeable attorney from Handel & Carlini, LLP. Call 845-454-2221 or contact the firm’s office online.

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