Whittier Bankruptcy Litigation Lawyer

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Brea, California Bankruptcy Adversary Proceedings, and Appeals Attorney

The law provides clear rules concerning debt collection, bankruptcy, and credit reporting. Unfortunately, creditors sometimes violate these rules. At the Law Offices of Nicholas Gebelt, our Whittier bankruptcy litigation attorney holds creditors accountable for their actions when they violate the law. You do not have to tolerate ongoing creditor harassment. We will work tirelessly to ensure that your rights are protected. Talk to our Whittier Bankruptcy Litigation Lawyer at (562) 777-9159 to discuss if your rights have been violated.

We can get you the debt relief you need to end aggressive collections practices. We will help you with the initial bankruptcy filing and see you all the way through to discharge. Contact our California personal bankruptcy lawyer online. You can also call us directly on our phone line to talk with a California Bankruptcy Litigation Attorney.

In some cases, no amount of pre-bankruptcy planning can avoid litigation. In fact, we have had cases in which we filed bankruptcy papers for clients specifically to provoke litigation so we could resolve existing problems in the Bankruptcy Court. Here’s an example that illustrates this point:

We had a client with a business, who was approached with an offer to redo the building on the business premises. The people who were to do the work put him in touch with a lender. The lender arranged to finance the project, and our client put up the lot as security for the loan. Shortly after the loan documents were signed, the people who were to do the work disappeared without having done anything. Consequently, our client refused to make the monthly payments on the loan and returned the portion of the loan proceeds he had received. The lender—who appeared to be in cahoots with the people who had failed to do any of the promised work—began foreclosure proceedings on the property. We filed Chapter 13 papers for the client not only to stop the foreclosure sale but also to challenge the legitimacy of the debt. The lender filed a proof of claim, to which we successfully objected. The lender appealed, and we won the appeal. At that point, the lender gave up. The result was that a large debt was wiped out in its entirety.

A common type of lawsuit in bankruptcy is an adversary proceeding. We will vigorously represent you in any adversary proceedings.

Our Whittier litigation attorney, Nicholas Gebelt, is one of only a few lawyers designated as a bankruptcy specialist by the California Board of Legal Specialization. This helps to ensure a thorough, well-done bankruptcy that can help you escape overwhelming debt. Talk to a Whittier, CA Bankruptcy Litigation lawyer by calling (562) 777-9159 for a Free 20 min strategy session.

Make Sure You Hire A Specialist Who Can Protect Your Rights

Whether you are an individual or couple filing for Chapter 7 bankruptcy, Chapter 13 bankruptcy, or a personal Chapter 11 bankruptcy, or a business filing for either Chapter 7 or a Chapter 11 you will receive an automatic stay of all collection activities during the bankruptcy process. If a creditor violates the automatic stay, you can take legal action against them for the following:

• Attempts to garnish your wages
• Foreclosing on your home
• Harassing phone calls or letters
• Seizing collateral
• Collection efforts
• Collection lawsuits

• In A Bankruptcy Case, When Might A Debtor File A Lawsuit Asking The Court To Decide Whether Or Not A Debt Will Be Discharged?
• Can A Debtor Challenge A Creditor’s Right To Payment On A Proof Of Claim?
• When Can A Debtor Sue A Creditor For Attempting To Collect A Debt In Violation Of The Automatic Stay?
• What Disputes Could Push The Debtor And The Trustee Into Litigation?

Sometimes a creditor may violate the discharge injunction after your case is closed. We can represent you in any legal action against them. In some cases, lenders and lien holders have the right to contest a bankruptcy. However, there are strict rules that they must follow. We have the skill and experience to represent you at any hearings that result from illegal actions taken by creditors.