Creditors’ Rights & Bankruptcy
Our team represents individual creditors, lenders, and businesses in Virginia and North Carolina. We frequently conduct pre-litigation debt collection practices, assist lenders with loan workouts, handle lawsuits to reduce delinquent accounts to judgment, conduct post-judgment enforcement actions to collect judgments, and conduct foreclosure sales of residential and commercial real estate in Virginia and North Carolina. Our team has licensed attorneys who practice in Virginia and North Carolina state courts. Our team is proficient in its understanding of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Real Estate Settlement Procedures Act, and similar federal and state laws, and how they can impact our clients’ rights and claims. We often assist with:
• Pre-judgment attachments
• Loan workouts
• Debt collection lawsuits in Virginia and North Carolina state and federal courts
• Domestication of foreign judgments
• Asset discovery
• Liquidation of collateral in accordance with the Uniform Commercial Code (UCC)
• Post-judgment enforcement in Virginia by garnishment, writs of execution and possession, and debtor interrogatories
• Post-judgment enforcement in North Carolina by writs of execution and supplemental proceedings
• Filing and defending bankruptcy proofs of claim, seeking relief from the automatic stay, defending lien avoidance and preference actions, handling nondischargeability actions, and assisting with adversary proceedings.
We have attorneys admitted to practice in all federal bankruptcy courts in Virginia and North Carolina where we represent lenders, businesses and other creditors to protect their interests in Chapter 7, 13 and 11 cases. We most frequently work on cases filed in the United States Bankruptcy Courts for the Western District of Virginia, but also work on cases filed in the Middle and Eastern Districts of North Carolina.