Our team at Silverman Law Office, PLLC offers clients with the most effective representation in bankruptcy law and creditor rights. We can handle a range of creditor rights cases, such as judicial and non-judicial real property foreclosures, self-help remedies, loan restructures and workouts, and your overall rights. We have the resources required to handle creditor claims in bankruptcy, receiverships, and reorganization efforts of any complexity and size. You can depend on our Bozeman, MT creditor bankruptcy lawyer to be pragmatic and result-oriented. Contact us today for the assistance you need at this time.
About Our Services
If you need support regarding bankruptcy, collections, restructuring, foreclosures, disputes, commercial loan transactions, or other related matters, we suggest contacting us immediately for help. Our resources allow us to handle a variety of creditor rights issues that may happen in reorganization or bankruptcy proceedings of any nature and size. Our creditor bankruptcy attorney represents state-wide, local, and national clients in consumer collection and commercial topics.
We are available to advise our creditor clients in restructurings and loan workouts. We have worked on distressed real estate, including development projects, high-end planned communities, commercial office buildings, hotels, restaurants, industrial facilities, apartment projects, shopping centers, undeveloped land, and farm and ranch property. Our creditor bankruptcy attorney represents clients going through real estate litigation, such as judicial and non-judicial foreclosures of mortgages, landlord-tenant disputes, contracts for deed, and deeds of trust. We can support lenders on real estate and natural resources, commercial documentation, and enforceability of loan documentation.
Why Choose Us
Many of our clients have a team of advisors for their business and personal needs, including accounts, financial planners, and insurance agents. However, there is a crucial piece of the puzzle that may have gone overlooked. Having a team to handle your legal matters can make all the difference. When you choose our Bozeman creditor bankruptcy lawyer, you get skilled representation who can help coordinate communication to your other advisors so your results are optimized for success. Every client that comes to our creditor bankruptcy attorney for assistance is met with top-notch service that is timely and helpful, team approaches to problem solving, and specialized services. If you have questions about what we offer, contact us today for more information!
Silverman Law Office, PLLC
Issues pertaining to creditor’s rights can present legal challenges for both parties in the debt transaction. Through our practice, we represent institutional lenders in all aspects of restructuring, foreclosure, bankruptcy, and other related proceedings. We utilize a collaborative approach where we use our knowledge and resources to help you get on the best path forward. Our Bozeman creditor bankruptcy lawyer can also discuss with you alternatives to bankruptcy or where to begin. If you would like to hear more about our services or have questions about creditor rights in the state of Montana, we encourage you to contact us for a consultation. At Silverman Law Office, PLLC, we are ready to get to work for you.
Common Mistakes Creditors Make In Bankruptcy Cases And How A Lawyer Helps Avoid Them
When a debtor files for bankruptcy, it’s easy for us as creditors to feel frustrated, uncertain, and even overwhelmed. We want to recover what we’re owed, but the legal process is full of rules, deadlines, and complex court procedures. Unfortunately, many of us make critical mistakes during bankruptcy cases—mistakes that could have been avoided with the help of an experienced creditor bankruptcy lawyer.
Let’s take a closer look at some of the most common missteps we see and how working with a Bozeman, MT creditor bankruptcy lawyer can help us steer clear of them.
1. Failing To File A Proof Of Claim
One of the most basic yet costly errors we make is failing to file a timely and properly completed proof of claim. This document is essential—it tells the bankruptcy court how much we’re owed and why. If we miss the deadline or make a mistake on the form, we risk being left out entirely.
A creditor bankruptcy lawyer makes sure our proof of claim is accurate, well-documented, and submitted on time. This simple step can make the difference between recovering a portion of our debt or getting nothing at all.
2. Violating The Automatic Stay
Once a debtor files for bankruptcy, an automatic stay goes into effect, immediately stopping all collection efforts. If we continue to contact the debtor, repossess collateral, or pursue lawsuits, we could face serious penalties—even if we weren’t aware of the rules.
Our lawyer helps us understand the boundaries of the automatic stay and how to act within the law. If we need to lift the stay (for example, to recover secured property), they guide us through the proper legal channels to request court approval.
3. Overlooking Fraud Or Misconduct
Sometimes, debtors try to hide assets, transfer property improperly, or incur debt they never intended to repay. These actions may qualify as bankruptcy fraud—but many of us don’t know how to identify or challenge this behavior.
A creditor bankruptcy lawyer has the experience to recognize red flags. They can help us file objections to the discharge of specific debts or pursue adversary proceedings to challenge fraudulent transfers or bad-faith conduct. Without legal guidance, we might miss opportunities to hold the debtor accountable.
4. Assuming All Debts Will Be Wiped Out
Another mistake we often make is assuming that once a debtor files for bankruptcy, we’re out of luck. But not all debts are discharged. At Silverman Law Office, PLLC, we know that certain obligations—like those from fraud, recent luxury purchases, or intentional wrongdoing—can be challenged and excluded from discharge.
Our lawyer helps us identify which debts may be non-dischargeable and ensures we take action to preserve our rights. Timing is critical here, and missing a window to file an objection could mean losing the chance to collect.
5. Failing To Understand Our Priority Status
Every bankruptcy case involves a “pecking order” of who gets paid first. If we don’t understand whether our claim is secured, unsecured, or priority, we may not assert our full rights.
A knowledgeable attorney evaluates our position in the case and makes sure our claim is treated fairly according to the law.
Bankruptcy law is complex, and the smallest misstep can lead to significant losses. By working with our Bozeman creditor bankruptcy lawyer, we can avoid common mistakes, protect our rights, and improve our chances of debt recovery. It’s not just about legal strategy—it’s about leveling the playing field and making sure our voice is heard in the process.
Creditor Bankruptcy FAQS
Filing for bankruptcy can affect creditors in several important ways. Deadlines shift, collection efforts pause, and legal rights may change depending on the type of debt and how the case progresses. At our firm, we regularly work with lenders, landlords, and businesses who need clear answers about their options and obligations when a borrower files for bankruptcy. If you’re a creditor trying to protect your interests, a Bozeman, MT creditor bankruptcy lawyer can help clarify what’s ahead.
What Is An Automatic Stay And How Does It Impact Creditors
An automatic stay is a court order that goes into effect the moment a bankruptcy petition is filed. It temporarily blocks most collection efforts, including phone calls, lawsuits, foreclosures, and wage garnishments. For creditors, this means all attempts to collect on a debt must stop until the stay is lifted or the case ends. Violating the stay can lead to penalties, so it’s important to respond carefully and within the rules.
Can A Creditor Still Contact Someone After They File For Bankruptcy
No, creditors must stop contacting the debtor once the automatic stay is active. This includes phone calls, emails, billing statements, or any attempt to recover money or property. If a creditor believes the debt should not be discharged or that the contact is allowed under specific exceptions, they must go through the bankruptcy court. An experienced bankruptcy collections attorney can help creditors evaluate whether any communication is legally permissible.
What Is The Difference Between Priority And Nonpriority Creditors
Priority creditors have claims that are treated as more urgent under the law, including obligations like child support, specific tax debts, and administrative costs. These debts are paid first during bankruptcy distributions. Nonpriority creditors, like credit card companies or general unsecured lenders, are paid after priority claims and often receive little or no repayment. For a business debt recovery lawyer, understanding how these categories apply is key when filing a claim or disputing a repayment order.
How Can A Creditor Recover Collateral In A Bankruptcy
Creditors with secured debts—such as loans backed by cars, real estate, or equipment—may be able to recover collateral through a court motion called “relief from stay.” This request asks the court for permission to proceed with repossession or foreclosure if the debtor isn’t keeping up with payments or the property isn’t protected. A bankruptcy litigation attorney can file this motion and represent the creditor in hearings related to asset recovery.
Are Creditors Notified When Someone Files Bankruptcy
Yes, creditors are officially notified once a bankruptcy case is filed. This notice includes the case number, court location, key deadlines, and information about the type of bankruptcy. It gives creditors the opportunity to file a proof of claim, challenge a discharge, or take other legal steps to protect their rights. Working with a Bozeman creditor bankruptcy lawyer can help make sure those steps are timely and effective.
Moving Forward With Experienced Support
If a borrower or business partner files for bankruptcy, it’s important to follow the court process while taking steps to protect your legal and financial interests. We help creditors take the right legal steps and respond with strategy and professionalism. To learn more about how to handle a case involving a debtor’s bankruptcy, speak with a Bozeman creditor bankruptcy lawyer at Silverman Law Office, PLLC.
