How a Creditor Can Fight a Bankruptcy Lawyer

Bankruptcy is a procedure where person, who is in financial distress, asks a court to declare him bankrupt. The bankruptcy procedure is necessary to protect the person's properties and other assets from his creditors. When the court does not declare a person bankrupt, the creditors of the person can use all the properties of the debtor to satisfy the debts. On the other hand, when the court rules in favor of the bankruptcy application, the creditors of the person cannot do anything but wait for a court order on how they can get their money back. A person undergoes this process of bankruptcy through the help of a bankruptcy lawyer. This lawyer ensures that all the necessary procedures are followed in the application. He also ensures that all the supporting documents to support the application are filed in court. Thec most important job of the bankruptcy attorney is his representation to the court in behalf of the bankrupt person to convince the court that the person is indeed bankrupt.

Nothing Personal on the Part of the Attorney

A creditor may find the actions of a bankruptcy lawyer frustrating considering the fact that the lawyer is helping the bankrupt person get away with his debts. A creditor's normal reaction in case of a bankruptcy case is to do anything to stop the lawyer from winning.

A creditor obviously would want to get his money back. A creditor has many options in recovering his money from the debtor. One is to harass the debtor persistently until the money is paid. The creditor can also file a lawsuit in court for the collection of the debt. In case, the creditor wins, he can ask the court to confiscate all the properties and assets of the debtor to satisfy the debt. Some of the assets which a creditor can ask the court to confiscate are real estate properties, money in the bank, business and investments of the debtor and receivables from other persons.

A bankruptcy lawyer can prevent a creditor from doing all these things. Worst, if the lawyer wins, the creditor may end up getting nothing.

How to Fight the Lawyer

A creditor can fight the bankruptcy lawyer by going to court and fighting him head on in the bankruptcy proceedings. A bankruptcy attorney will basically argue in court that his client, the bankrupt person, is in financial distress and needs the protection of bankruptcy laws. The creditor can counter the argument of the lawyer by telling the court that the person is not in financial distress.

The creditor can fight a bankruptcy lawyer by hiring another lawyer to prove his case. However, for the creditor to win, they need to support their argument with evidence to their cause. The creditor and his counsel must prove in court that the bankrupt person has sufficient assets to satisfy all his debts. The creditor can ask the court to tell the debtor to undergo debt management help instead of declaring bankruptcy in favor of the debtor. In this case, the creditor will still have the chance to get his money back.

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