Creditors’ Rights

Creditors: You Have Rights

When you are looking to collect money that is owed to you, you need to know what your rights are, what you can legally do to recover what is rightfully yours, and what debts are beyond your reach because your debtors have declared bankruptcy.

You need a law firm with experience and skill in creditors and foreclosure to help you recover your debts. We have been working in a wide variety of bankruptcy practice areas for 20 Years, and one of our partners, Todd M. Boudreaux, is a certified specialist in both consumer and business bankruptcy law. If you are a creditor in Eastern Georgia, either call our office in Augusta or Evans, or contact us online to exercise your creditor’s rights.

Nondischargeable Debts

Some debts cannot be discharged, so you can still collect even when the debtor has declared Chapter 7, Chapter 11 or Chapter 13 bankruptcy:

• Most debts arising from a divorce decree
• Debts incurred by fraud
• Most school debts
• Debts arising from willful or malicious injury to another person

Collecting Divorce-Related Debts

Often many of the debts that arise from divorce decrees or settlements cannot be discharged, so they are collectible even after your ex-spouse declares bankruptcy. Usually a bankruptcy judge is needed to determine whether or not each of the debts is dischargeable.

Debts that are commonly found to be nondischargeable include:

• Spousal support and alimony
• Child support
• Various insurance and medical debts and other obligations under a divorce agreement
• Business and Real Estate Debts
  • If you are a landlord, we can help you with asset recovery for leases and rental costs. Even if your debtor has filed bankruptcy, we have experience as attorneys collecting what is owed to you, or helping with the eviction process. Every simple collections action or eviction must go through the bankruptcy court, and we can help you through the process.