Creditors’ Rights

The attorneys at Bodoff & Associates are regularly called upon to develop and implement strategies for prosecuting and defending claims of creditors.  We provide unsurpassed service to creditor clients seeking to recover money owed to them, whether they are banks seeking to enforce their mortgages or personal property security interests or trade creditors seeking to obtain payment for goods or services.  Because we do not take on a high volume of cases in this area, we are able to devote the attention and expertise to each of the matters that we handle and to engage in an all-out effort to accomplish the client’s objectives.
In pursuing any creditor’s claims, we will first discuss with our client a non-litigation alternative.  When litigation is the chosen course, we move quickly and decisively. The activities covered by our creditors’ rights practice include:

• Developing strategies for maximizing recovery of secured and unsecured claims.
• Filing and prosecuting litigation for the collection of a debt.
• Instituting and/or participating in state court receivership proceedings.
• Structuring out-of-court settlements to maximize the chances of recovery while minimizing the chances that that payment will be attacked in a subsequent bankruptcy.
• Investigating activities of a debtor for possible fraudulent transfer and successor liability claims.
• Advise the client with regard to the possibility of filing an involuntary bankruptcy petition.

In addition to collection activities, Bodoff & Associates is often called upon to assist clients in improving their credit practices. Among the services we offer in this area are:

• Assisting the client in preparing or revising credit applications.
• Advising the client on ways to improve their credit monitoring practices.
• Developing contract terms to enhance the collection process.