Bankruptcy Litigation

Our Team

Representing Utah Creditors’ Rights in Bankruptcy Litigation

We ensure the bankruptcy court and trustee don’t overlook or over-restrict your right to collect

Foreigners often regard U.S. bankruptcy law with awe, noting the comparative ease with which a person can wipe their financial slate clean and start afresh. But, like any privilege, the American bankruptcy process can be abused. Fillmore Spencer LLC vigilantly represents the rights of creditors in personal and business bankruptcy filings, ensuring debtors do not game the system to unfair advantage.

Our Firm’s Awards
Our Address

Fillmore Spencer LLC

At Jamestown Square

3301 North University Avenue

Provo, Utah 84604

(801) 851-1266

We’ve seen bankruptcy from all angles

While Fillmore Spencer LLC helps individuals file for bankruptcy, we also represent secured and unsecured creditors and creditor committees in bankruptcy litigation related to Chapter 7, Chapter 13, Chapter 11, business workouts, reorganizations and debt restructurings.

 

For all bankruptcy types, we seek to discover assets, scrutinize the debtor’s claimed income and expenses, and to protect any collateral securing the creditor’s debt. Not all debts are dischargeable through bankruptcy and you may still be able to pursue the collection of certain debt after a bankruptcy filing. Fillmore Spencer LLC asserts your rights to ensure you do not become a victim of bankruptcy fraud.

 

Personal bankruptciesChapter 7 and Chapter 13 filings place an automatic stay on collection efforts, but there are circumstances where the stay can and should be appealed. For instance, a debtor may fail to report a recent personal injury award in a Chapter 7 filing, depriving creditors of assets to which they are rightly due. Fillmore Spencer LLC always vets the debtor, and, if our research finds this “omission” or a similar discrepancy, requests the bankruptcy court to lift its stay on any litigation the creditor may have had pending against the debtor.

 

In Chapter 13 filings, Fillmore Spencer LLC represents creditors by filing a proof of claim and attending the 341 meeting. Again, we may file a motion for relief from the automatic stay in order to repossess some collateral.

 

Business bankruptcies — We represent secured and unsecured creditors, committees, shareholders, asset purchasers, lenders, and trustees and examiners in all aspects of Chapter 11 business reorganization filings, in several ways:

  • A Chapter 11 automatic stay not only suspends all judgments, collection activities, foreclosures and repossessions of property against the business, but also all litigation. For certain litigation and collection efforts, Fillmore Spencer LLC may request relief from the stay.
  • We support the court’s cancelling debtor executory contracts when financially favorable to the creditor.
  • We contest the bankruptcy court’s decision to award “superpriority” to another creditor when appropriate.
  • We file motions contesting the use of cash collateral and new credit, and litigate unfulfilled contracts and unexpired leases.

 

Business workouts — We represent creditors in negotiated workouts, receiverships, assignments for the benefit of creditors, and other nonbankruptcy insolvency proceedings.

 

We have substantial experience in obtaining bankruptcy court approval of cash collateral stipulations and adequate protection stipulations and in representing parties interested in purchasing assets from bankruptcy estates. The firm has particular expertise in confirming a creditor’s reorganization plans in Chapter 11 cases and in protecting the rights of creditors in negotiating and confirming debtor’s plans–both Chapter 11 and Chapter 13.

 

We represent creditors at all critical junctures

Some of the actions we may take on your behalf include:

  • Request reaffirmation of the debt
  • Objections to confirmation
  • Motions for relief from the stay
  • Collateral evaluation issues
  • Motions to assume or reject executory contracts
  • Negotiation of treatment of claims
  • Challenge the dischargeability of your claim
  • Nondischargeability actions
  • Challenge the debtor’s right to receive a discharge
  • Defend any avoidance actions brought against you
  • Judicial and public trustee foreclosures of real estate
  • Receiverships of businesses and real property
  • Attachment proceedings
  • Replevin actions to collect personal property collateral (such as a car, when loan is defaulted)
  • Garnishment proceedings
  • Collection actions
  • Forcible entry and detainer actions
  • File involuntary bankruptcy proceedings
  • Negotiate cash collateral orders
  • Seek adequate protection from the debtor to protect your collateral
  • Seek to lift the automatic stay
  • Seek the appointment of a trustee or an examiner
  • File a claim with the bankruptcy court
  • Assert your reclamation rights
  • Require a debtor to reject or assume executory contracts

 

Conversely, we can defend you should you be sued in connection with a bankruptcy proceeding. From preference and turnover actions to defending trustee lawsuits, we can protect your rights in trial and appellate courts.

Don’t wait to stake and protect your claim.

Early and effective legal representation often makes a difference in recovery of a creditor’s funds or property, so if someone is trying to give you or your business the slip through bankruptcy, contact Fillmore Spencer LLC at (801) 851-1266 or contact us online.

Fillmore Spencer LLC is located in Provo, UT and serves clients in and around Eagle Mountain, Highland, Lindon, Orem, Provo, Pleasant Grove, Saratoga Springs, Springville, Elberta, American Fork, Wallsburg, Alpine, Mapleton, Midway, Lehi, Spanish Fork, Cedar Valley, Draper, Heber City, Payson, Salem, Goshen, Sandy, Santaquin, Riverton, Duchesne County, Juab County, Sanpete County, Summit County, Utah County, Uintah County and Wasatch County.