As a creditor, the federal bankruptcy code provides our clients with certain protections against unpaid debt. The lawyers at Adams & Rocheleau will guide our clients through the often complex maze of creditor's rights in bankruptcy. We will explain how you can protect your ability to secure and collect debts during consumer and business bankruptcies.

Bankruptcy filings are on the rise. If you receive a notice that your debtor filed for bankruptcy, that is NOT the end of your collection efforts. The Bankruptcy Code was drastically amended in 2005. If your debtor fails to file certain documents with the court on time, the case can be dismissed. Adams & Rocheleau can assist in monitoring these cases and where there is non-compliance, can take the appropriate action to dismiss the bankruptcy and permit you to again collect your debt.

In other cases, under certain circumstances, the court may not allow a discharge of the debt, or of any debts. By retaining Adams & Rocheleau, there are a variety of methods that we can employ to allow you to collect your debt either within the bankruptcy case or to resume collection efforts regardless of the bankruptcy filing.


Our creditors' rights department focuses on retrieving unpaid debts during bankruptcy for businesses and creditors. We utilize a variety of tools under the federal bankruptcy law to ensure debtors pay what they owe. Some of the creditors' rights tools include:

1. Relief from stay: We will challenge the stay granted to debtors against collection and foreclosure during bankruptcy;
2. Non-dischargeability actions: As a creditor, you can challenge the discharge of certain debts of a debtor;
3. Challenging fraudulent conveyance: A fraudulent conveyance is a pre-bankruptcy transfer made by a debtor for little or no consideration or with the actual intent to hinder, delay, or defraud a creditor;
4. Adversary proceedings: This is the process where a creditor can challenge the debtor's right to a discharge of certain debts;
5. Preference litigation: If a debtor has made any payment on a debt within 90 days of filing for bankruptcy, that payment may be subject to preference litigation;
6. Lien avoidance: We challenge the debtor's attempts to remove lien encumbrances from property during bankruptcy;
7. Bankruptcy reclamation: During bankruptcy, creditors have a certain period to collect property sold to a debtor;
8. Reaffirmation Agreements: A debtor can agree to repay a debt that is otherwise dischargeable in bankruptcy.