As a creditor, collecting what is owed to you can be difficult. Debtors may be delinquent in paying back their debts, may evade collection attempts, or may even file for bankruptcy. At the J Peterman Legal Group Ltd., we provide services for Indiana creditors to help you ensure that your investments do not go unpaid.
We advise clients in many types of creditors’ rights matters, including:
- Bankruptcy claims;
- Collecting on judgments;
- Foreclosure actions;
- Seizure of assets;
- Garnishment proceedings;
- Enforcement of security agreements, mortgages, leases, and rent assignments; and
- Loan workouts.
One of the best ways to ensure that your loans are repaid is to secure the loan with collateral. A debtor’s house, car, or other property can act as collateral for a secured loan. Then, if the debtor does not timely repay the loan, you can foreclose on the property and sell it at auction to collect the amount owed to you.
Both debtors and creditors want loans repaid, but sometimes, because of circumstances beyond a debtor’s control, he or she is rendered unable to pay off a loan. In that case, you and the debtor may be able to reach a workout agreement and modify the loan to make it more manageable for the debtor, thus ensuring that the debt is repaid in full in an acceptable time frame.
Bankruptcy is not desirable for anyone. Debtors’ credit is destroyed, making it difficult for them to get future loans. The debtor’s assets are temporarily frozen by the automatic stay, so creditors cannot immediately demand repayment of any portion of a loan, and because most debts are discharged in bankruptcy, creditors may never be repaid in full.
If a debtor is threatening bankruptcy, our attorneys may be able to assist you in helping the debtor to avoid bankruptcy. If the debtor does declare bankruptcy, an attorney can move to protect your right to collateral if you have a secured loan, can help protect your priority status in the list of creditors, and can guide you through the bankruptcy proceedings.
In Indiana, not all debts are subject to the automatic stay or dischargeable in bankruptcy, including child support, alimony, and personal injury judgments resulting from DUIs. Additionally, some other debts may be declared non-dischargeable by a bankruptcy judge. An attorney can help you collect these types of debts even during bankruptcy proceedings.
If you need help collecting a loan, an Indiana creditors’ rights attorney can help. Call us at the J Peterman Legal Group Ltd. today, at 219-793-9680.