Not all debts are dischargeable in bankruptcy. If, for example, a claim arises out of fraud or a breach of fiduciary duty, a creditor can challenge the dischargeability of the debt. Wheeler Upham has successfully pursued such claims on behalf of its clients. We routinely assist clients in responding to preference claims of bankrupt estates that allege that prior payments to the debtor must be paid back. Our attorneys know the exceptions to the preferential transfer rules and assist clients in protecting their assets.
Wheeler Upham attorneys have extensive experience representing both secured and unsecured creditors in connection with complex bankruptcy and insolvency matters. With this experience, we are able to evaluate client matters quickly and then promptly develop and implement creative solutions to advance and protect our clients’ interests. In protecting creditor client interests, we regularly appear in cases and adversary proceedings under Chapters 7, 11 and 13 of the U.S. Bankruptcy Code. We are aggressive advocates for secured lenders and secured creditors seeking to realize on collateral positions and enforce secured obligations, including securing court ordered receiverships.
Outside of bankruptcy, Wheeler Upham assists clients in securing judgments and collecting debts. We advise business clients on perfecting security interests and with Uniform Commercial Code filings in connection with loans and sales of goods. Wheeler Upham has defended clients under the Federal Debt Collection Procedures Act and has knowledge to insure your company’s compliance with the FDCPA, the Fair Credit Reporting Procedures Act, and related consumer protection statutes.