CREDITORS' RIGHTS

Coal Creek Law has extensive experience in the creditors’ rights area. The firm represents financial institutions, secured and unsecured creditors, and equipment lessors in bankruptcy matters and litigation in federal and state proceedings through Wyoming, Colorado and Nebraska. Our attorneys provide creditor representation in Chapters 7, 11, including subchapter v cases, 12, and 13 cases, and provide their clients with bankruptcy knowledge that is deeper and broader than most any other single law firm in Wyoming.

The firm as a whole has the depth of knowledge navigating the complexities of the bankruptcy code.  Experience and skill alone, however, are only a part of the solution in commercial and consumer bankruptcy cases.  The firm recognizes that often the most cost-effective solution for the creditor is frequently to negotiate with a debtor to voluntarily pay down the debt, release the creditor’s collateral, or restructure its indebtedness.  If negotiations do not provide a result that is acceptable to the client, Coal Creek Law will enforce the client’s judicial and statutory rights by initiating proceedings in state or federal courts, which will include judicial or public foreclosure of real estate, the appointment of receiverships, replevin actions to collect collateral, execution proceedings on judgments, including garnishment proceedings, collection actions, and attachment proceedings. 

If the debtor files for bankruptcy during a creditor’s collection action, the attorneys at Coal Creek Law know and understand a creditor’s rights under the bankruptcy code, and will, as appropriate, negotiate such things as cash collateral orders, seek adequate protection from the debtor to protect the creditor’s collateral, seek orders compelling assumption or rejection of leases, seek to lift the automatic stay, file motions to dismiss Chapter 13 and 11 cases where appropriate, file a claim with the bankruptcy court, challenge an individual debtor’s right to receive a discharge or the dischargability of the creditor’s claim, seek reaffirmation of the debt, and otherwise defend any avoidance actions brought against the creditor and defending preferential transfer actions. The firm has experience in working out loan modifications, forbearance agreements, foreclosure actions both judicial and non-judicial, seeking appointment of receivers, collection actions, replevin actions, and garnishment proceedings.