Creditor's Rights

   Effective representation of a creditor involves expertise in state law and bankruptcy law. Mr. Kerkman and Mr. Dunn have represented secured and unsecured creditors for 17 years.  

   A fully secured creditor is usually in a good position. However, there are problems. Successfully obtaining the collateral without damage to it is not always easy. Frequently action must be ex parte and quickly done. Even if that is not possible, obtaining the collateral may not be in the creditor's best interest. Taking aggressive action may result in the debtor seeking court protection which means more cost and delay. In order to be paid quickly and in cash requires the kind of experience which comes from many years of practicing in the area.  

   An unsecured creditor is at greater risk. The debtor has time on its side and can delay a creditor while the debtor finds ways of disposing of assets to become judgment proof. Sometimes, prejudgment attachment is the only remedy of assuring payment. However, pushing too hard can result in the debtor seeking court protection. The firm provides the guidance creditors need.