Bankruptcy

The attorneys at Padfield & Stout, LLP, have extensive experience and knowledge in representing creditors’ interests in liquidation (Chapter 7) and reorganization (Chapter 11 and Chapter 13) bankruptcy proceedings.  Our firm regularly practices in all four bankruptcy districts across the entire state of Texas and beyond. The attorneys at the firm are experts at seamlessly transitioning a case from state court litigation to bankruptcy once a debtor files bankruptcy.  

The firm offers its clients an aggressive approach to protect their rights during the bankruptcy process, exhaust all available remedies to recover collateral, and work to maximize recovery given the remaining limited assets of the debtor and competing creditors’ claims.  The firm specializes in representing secured lenders, banking institutions, lessors, and mortgage servicers, and have seasoned attorneys who know how to maximize our clients’ recovery through:

• Filing proofs of claim on secured claims (collateralized loans), administrative claims having priority over unsecured debts, and unsecured claims (including claims involving leases of equipment or vehicles
• Attending 341 meetings of creditors to determine key facts such as the location or condition of collateral, validity or extent of insurance coverage, or financial ability to reorganize
• Filing motions for relief from the automatic stay and motions for adequate protection on behalf of secured creditors or lessors whose collateral and leased equipment is depreciating and/or at risk while in a debtor’s or third party’s possession
• Objecting to plans of reorganization in Chapter 11 or Chapter 13 cases that are deficient, including any proposed plans that do not take into account the full extent of a secured creditor’s debt, fail to properly value collateral, or are not feasible
• Defending preference claims for the return of money paid by the debtor to a creditor within ninety days of bankruptcy filing

In addition, the firm regularly files adversary proceedings against debtors who improperly enrich themselves at the expense of their lender by committing fraud or embezzling sales proceeds from the collateral for their personal benefit.  Such debts are not dischargeable, thus allowing a creditor to pursue collection of the debt even after the debtor obtains a discharge in the bankruptcy proceeding. If necessary, the firm will pursue these claims to trial, domesticate the resulting judgment, and pursue collection of the non-dischargeable debt long after the bankruptcy case is dismissed.