Bankruptcy Creditor’s Rights

  • Claims Prosecution
  • Discharge Challenges
  • Defense of Turnover Actions

Eggleston + Briscoe attorneys have experience in the prosecution and defense of bankruptcy litigation in all manner of contested matters and adversary proceedings, including fraudulent conveyances, preferences, relief-from-stay motions, executory contracts and leases, asset sales, and other motions and requests for relief.

Case Results

Recovery of secured real estate.
E+B represented secured creditor in Chapter 11 bankruptcy that resulted in a confirmed plan with extremely favorable terms for our client and the eventual recovery of real estate collateral, due to leveraging the client’s and our knowledge of the debtor’s assets and relative markets.
Dismissal of improper bankruptcies.
E+B represented a secured creditor in connection with a debtor’s Chapter 13 bankruptcy that was dismissed, which was a favorable result for our client. Thereafter, the same debtor filed a bankruptcy petition under Chapter 11. The bankruptcy court dismissed the case with prejudice after E+B presented evidence that bankruptcy was not appropriate for the debtor. In addition, the bankruptcy court entered an order for in rem relief as to 10 real properties, finding that the debtor’s bankruptcy petition was part of a scheme to delay, hinder, and defraud our client.