Commercial Collections
Lanak & Hanna P.C. is an Orange County commercial collections law firm that provides creditor rights services involving commercial litigation and collection, credit documentation, bankruptcy and out-of-court workouts.
Our collective experience and legal and practical understanding of creditors rights results in cost-effective representation and develops solutions to creditors’ problems.
Each Orange County collections attorney at Lanak & Hanna P.C. has experience working with creditors to collect their accounts using both the legal system and direct contact with the debtor to produce payment.
If a case warrants litigation, Lanak & Hanna attorneys will utilize pre-judgment writ of attachment to preserve debtor assets until such time a judgment is obtained or settlement is reached.
Aggressive litigation efforts at the beginning of the case may result in a quick and speedy resolution. All too often, creditors get a bankruptcy notice and they assume they have neither rights nor alternatives with respect to their claim against the debtor. This is not (entirely) so.
- 1. Creditors in bankruptcy are entitled to share in any distribution from the bankruptcy estate according to the priority of their claim.
- 2. Creditors may be heard by the court in matters concerning the debtor’s plan (in Chapters 11, 12, and 13) or the liquidation of the debtor’s non exempt assets.
- 3. Creditors can challenge an individual debtor’s right to a discharge or to discharge the creditor’s particular debt.
- 4. A creditor whose claim against the debtor was incurred by fraud, dishonesty or other forms of intentional “bad acts” or which is a non-support claims which arose in a divorce may contest the discharge of his claim in a Chapter 7 bankruptcy by filing a timely non dischargeability suit and proving, to the satisfaction of the court, that the elements for non dischargeability are met.
