At FGKS Law, we provide comprehensive legal services to creditor clients for the collection of debts and protection of their rights. Our expertise spans loan workouts, pre-judgment proceedings, and post-judgment matters, including garnishments, attachments, and foreclosures. We also assist in bankruptcy and receivership proceedings, offering strategic counsel and representation to ensure optimal recovery. Additionally, we support “at risk” businesses with loan workouts and other debt management strategies to help them navigate financial challenges.
Our Services Include:
- All Stages of Bankruptcy Proceedings: We represent creditors in all stages of bankruptcy proceedings, from filing claims and challenging dischargeability to negotiating reaffirmation agreements and pursuing relief from automatic stays. Our goal is to protect our clients’ interests and maximize their recovery.
- Consumer Collections: We assist creditors in recovering consumer debts through legal means, including demand letters, negotiations, and litigation. Our approach is to resolve matters efficiently while maintaining compliance with consumer protection laws.
- Commercial Collections: Our firm represents businesses in the recovery of commercial debts, employing strategies tailored to the unique aspects of each case. We handle everything from negotiating settlements to pursuing litigation and enforcement actions to ensure our clients are paid.
- Attachment and Recovery of Assets Post-Judgment: We help creditors enforce judgments by attaching and recovering assets. This includes locating debtor assets, filing writs of attachment, and taking legal steps to seize property or bank accounts to satisfy the judgment.
- Mortgage Foreclosure: FGKS Law represents creditors in mortgage foreclosure actions (including Fannie Mae & Freddie Mac foreclosures), guiding them through the legal process to recover collateral and minimize losses.
- Replevin: We assist clients in replevin actions to recover possession of property wrongfully held by others. This involves filing replevin complaints, securing court orders for the return of property, and enforcing those orders to ensure the swift recovery of assets.
- Garnishment: Our attorneys handle garnishment proceedings to collect debts directly from a debtor’s wages or bank accounts. We ensure that all procedural requirements are met and work to maximize the amount recovered for our clients.
OUR PHILOSOPHY
FGKS Law is committed to delivering exceptional legal services in the bankruptcy and creditor’s rights arena. Our philosophy is to offer comprehensive, client-focused solutions that address the unique challenges creditors face. We believe in combining our deep legal expertise with a practical approach to achieve efficient and effective debt recovery, ensuring our clients’ financial interests are safeguarded.
Contact an attorney to learn more about our practice areas.
Frequently Asked Questions on Bankruptcy and Creditor's Rights
WHAT IS AN AUTOMATIC STAY IN BANKRUPTCY?
An automatic stay is an immediate injunction that halts all collection activities against a debtor once a bankruptcy petition is filed. This means creditors must stop all attempts to collect debts, including phone calls, letters, lawsuits, and repossessions. The stay remains in effect until the bankruptcy case is resolved, dismissed, or the court grants relief from the stay to a creditor.
WHAT IS BANKRUPTCY DISCHARGEABILITY?
Bankruptcy dischargeability refers to whether a debt can be eliminated through the bankruptcy process. Certain debts, such as most unsecured debts (e.g., credit card debt and medical bills), can be discharged, meaning the debtor is no longer legally obligated to pay them. However, some debts, such as student loans, child support, debts resulting from fraud or theft, and certain taxes, are generally not dischargeable and must be repaid.
WHAT IS THE PROCESS TO GARNISH WAGES OR BANK ACCOUNTS IN OHIO?
To garnish wages or bank accounts in Ohio, a creditor must first obtain a judgment against the debtor. Once a judgment is secured, the creditor can request a garnishment order from the court. For wage garnishment, the order is served on the debtor’s employer, who will then withhold a portion of the debtor’s wages and send it directly to the creditor. For bank account garnishment, the order is served on the debtor’s bank, which will freeze the account and transfer funds to the creditor to satisfy the debt.
WHAT IS REPLEVIN?
Replevin is a legal action that allows a creditor to recover personal property wrongfully held by a debtor. This process involves filing a replevin complaint in court, proving ownership of the property, and demonstrating that the debtor unlawfully possesses it. If successful, the court issues an order for the return of the property to the creditor.
WHAT ARE THE STAGES OF BANKRUPTCY PROCEEDINGS FOR CREDITORS?
The stages of bankruptcy proceedings for creditors may include:
- Filing a proof of claim: Documenting the amount owed and the basis for the claim.
- Attending the creditors’ meeting: Participating in the 341 meeting to ask questions and gather information about the debtor’s financial situation.
- Challenging dischargeability: Filing objections if certain debts should not be discharged.
- Pursuing relief from automatic stay: Requesting permission from the court to continue collection efforts on specific secured debts.
- Receiving distributions: Collecting payments from the bankruptcy estate if funds are available.
WHAT SHOULD CREDITORS KNOW ABOUT THE ATTACHMENT AND RECOVERY OF ASSETS POST-JUDGMENT?
After obtaining a judgment, creditors can seek to attach and recover assets by filing for writs of attachment or execution. This legal process allows creditors to seize the debtor’s property, bank accounts, or wages to satisfy the judgment. It is essential to identify and locate debtor assets and follow proper legal procedures to enforce the judgment effectively.
OUR BANKRUPTCY AND CREDITOR’S RIGHTS ATTORNEYS
