Our general bankruptcy practice covers creditor bankruptcy matters from A to Z throughout the Rocky Mountain Region. Bankruptcy litigation, avoidance of liens, cram downs and routine motions for relief from stay or filing proofs of claim are handled by our bankruptcy team. This area of practice is sometimes thought of the catchall for those bankruptcy issues that do not neatly fall into some of the more clearly defined portions of this practice.

A bankruptcy filing under chapters 11, 12 and 13 require the debtor to create and submit for approval by the court a repayment plan. This plan, after filing with the bankruptcy court, may be viewed and reviewed by others. This review is referred to as a plan review which is intended to spot or identify errors or omissions in the plan. In this area of our practice we are specifically looking to identify those errors or omissions that are not in our clients' best interests and if issues are found we will then file an Objection to Plan.

When a debtor files for bankruptcy protection creditors must petition or motion the bankruptcy court pleading their case as to why the automatic stay against collection efforts should not apply to them. Where the debtor is behind on payments and there is inadequate equity in the property to protect the creditor's interest, a motion for relief from stay is appropriate and may be filed with the bankruptcy court. When an order for relief is granted, the creditor can then resume its collection activities. We have a much focused staff that proficiently applies technology and experience to advance our clients' objectives and recovery of their security interest.

An objection to discharge is similar to an Objection to Plan in that the creditor is objecting to a portion or facet of the debtor's bankruptcy; however, under an objection to discharge the creditor is actually focusing on specific statements in the debtor's bankruptcy filing that are requesting the bankruptcy court issue an order canceling or discharging a debt to that creditor. An objection to discharge is taking exception to the debtor's request for discharge and, in order to prevail in this objection, the objecting party needs to make sure that the objection is timely filed and follows the intricate rules surrounding this area.

In a situation where the debtor has filed a bankruptcy under a chapter of the bankruptcy code requiring a repayment plan and is in default of this plan after the plan has been confirmed, a motion to dismiss the plan may be appropriate. The advantage to the creditor of filing a motion to dismiss the plan is a lower burden of proof and reduction of the issues before the court. Under a motion to dismiss the creditor or moving party only has to present evidence that the plan has been confirmed and that the debtor is failing to live up to their duties under that plan, usually non-payment.

Reaffirmation agreements are a mechanism under which a debtor and creditor can make arrangements for the debtor to retain certain property and the creditor can be repaid after the bankruptcy is concluded, it is really like an agreement to except certain things from the bankruptcy order of discharge. Reaffirmation agreements are commonly used as an alternative to an Objection to Plan or Objection to Discharge.

An objection to a bankruptcy plan is a creditor's right or opportunity to challenge the accuracy of the debtor's repayment plan. The objection usually focuses on the debtor's omission of a debt or a misstatement of an amount due which are generally revealed through a Plan Review. Failure to timely and properly object to a plan can result in the creditor losing its claim rights.

A proof of claim is a form that is routinely filed by our staff on behalf of our clients to make sure that their debt owed to them is included in the debtor's bankruptcy repayment plan. Failure to timely file a proof of claim can result in the omission of the claim from the plan and the creditor losing its security interest in the property and possibly having that debt discharged.