Creditors' Rights in Bankruptcy

The following information is based upon general creditor bankruptcy guidelines and should not substitute for the competent legal counsel of an experienced creditors' rights attorney.

Upon a debtor filing for bankruptcy, a creditor should now:

1. Cease any collection action - including telephone calls, billing or law suits that might be pending against the debtor. The automatic stay protects the debtor and his property from all forms of collection during the bankruptcy. In Chapter 13, the stay also protects co-debtors on consumer debts.

2. File a claim with the court. The notice of the bankruptcy sent by the court clerk tells you where to file a proof of claim and the deadline for doing so. Act promptly since deadlines are strictly enforced in bankruptcy case.

Attach a copy of any contracts or judgment concerning your claim, or a summary of the claim, if the supporting documents are voluminous to the proof of claim form. Get the claim form online if the court did not send one to you.

3. Consider whether your claim is dischargeable. Certain kinds of claims are non-dischargeable in an individual's Chapter 7 bankruptcy case. Examples of non-dischargeable claims are certain obligations arising in divorce, debts incurred by fraud or willful and malicious acts by the debtor, or damages arising from drunk driving.

Consult a lawyer promptly if your claim arguably falls in one of those categories where you must file an adversary proceeding in the bankruptcy case to preserve your claim after bankruptcy: the time lines are very short in bankruptcy. The complete list of debts not dischargeable in Chapter 7 is found in 11 U.S.C. 523.

4. Determine whether your claim is secured by the debtor's assets. Secured creditors have a lien giving them specific rights to the property which is the collateral for their claim. Most often, those rights are created by, and described in, a deed of trust on real property, a security agreement on personal property, or a judgment lien.

Secured creditors have the best chance of getting relief from the automatic stay or "adequate protection payments" to prevent a decline in the equity available to secured their claim.

5. Share information with the trustee. If you suspect that the debtor's schedules aren't telling the whole story, which assets are concealed or have been transferred, contact the trustee and provide any documents or facts that might help the trustee recover money for the estate, or challenge the debtor's right to a discharge. Creditor vigilance is the best deterrent to abuse of the bankruptcy system. Creditors are entitled to question the debtor under oath about assets, liabilities and financial history at the first meeting of creditors or by separately scheduled examinations under Rule 2004 of the Federal Rules of Bankruptcy Procedure.

6. Monitor the progress of the case. Some bankruptcies are dismissed for the debtor's failure to comply with the requirements of the Code. When that happens, creditors are free to pursue collection according to state law. Sometimes cases originally classified as "no asset" cases blossom into asset cases from which a dividend may be paid.

If you or someone you know in Michigan needs the assistance of an experienced Detroit Collections and Creditors' Rights Attorney, call L.J. Frank, P.C. today at 866-241-8621, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know in Michigan needs the assistance of an experienced Detroit Collections and Creditors' Rights Attorney, call L.J. Frank, P.C. today at 866-241-8621, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
L.J. Frank, P.C.
16155 W. Twelve Mile Rd., Suite 6
Southfield, MI 48076
Telephone: 866-241-8621
Fax: 248-424-8396

MEMBERS OF THE FIRM:

Lori J. Frank
Attorney Frank was born November 13, 1957. Born in France while father was an officer in the Air Force, Ms. Frank was raised primarily in Massachusetts. After obtaining her undergraduate from Boston University, Ms. Frank moved to Michigan. Ms. Frank was a Cum Laude graduate of Detroit College of Law. While at DCL she worked at Dana Commercial Credit where she became a supervisor of the Legal Recovery department. Since her graduation, Ms. Frank has come to specialize in the practice of collection law involving commercial, consumer equipment leasing work. She has a high level of litigation experience. Ms. Frank opened her own practice in 1996. Previously she was an associate attorney at Rice, Rice and Gilbert Et. Al.

Ms. Frank is on the Creditors' Rights Section of the Commercial Law League of America. She is a member of the Equipment Leasing Association and the United Association of Equipment Lessors. Ms. Frank is also a member of the Michigan Bar Association and licensed to practice in Federal Court. She is currently an active member of the Oakland County Bar Association and was the 1996-7 Chair of the Lawyer's Referral Services Committee. She is an avid golfer in her spare time.

Victoria L. Targosz
Victoria was born June 18, 1962. She is a graduate of University of Detroit Mercy Law School. In March 2002, Ms. Targosz received a certificate for advancing to the quarter finals in the annual G. Mennens Moot Court competition. She graduated from Oakland University, earning a Bachelor of Arts degree in August 2000. She has been a member of the Golden Key National Honor Society for her high academic achievement since 1996. Ms. Targosz is a graduate of Oakland University's Paralegal Program, certified in 1994. She was selected in 1995 to be a graduate member of the accreditation team for Oakland University's Paralegal Program, in order for it to seek its re-accreditation credentials through the American Bar Association.

Ms. Targosz formerly was the Legal Administrator of the Retail Consumer Division for the firm of Muller Muller Richmond Harms Meyers & Sgroi P.C. She created her position with the firm in 1989 and was able to help develop into a 22 member staff. She was directly involved in the development and operational management of the department as well as developing a National Bankruptcy and Litigation Network from the ground level. She was a member of the firm for ten years. Upon her departure MMRHMS, over 50,000 cases were funneled through the department. Victoria was a key player in developing many national clients for the firm.

Ms. Targosz is also the co-author of "Michigan Collection Law for Creditors" published by the Professional Education Services in 1989. She frequently consults and lectures on a variety of collection topics. She is a member of the Michigan Bar Association and the National Association of Credit Management. Ms. Targosz also sat on the Board of Directors with the International Credit Association of the greater Detroit area, where she also served as the Chairperson of its Legislative Committee.

As of January 1999, Ms. Targosz started the consulting firm of Rainmaker Consultants, Inc. and joined forces with the law practice of Lori J. Frank P.C. as the firm's Legal Administrator. She is combining her skills as an administrator, paralegal and marketer to aid in the firm's practice. She is doing collection consulting nationwide for Rainmaker. Ms. Targosz was a guest speaker April. 1999 on radio consumer talk show WNZK, discussing issues involving the Fair Credit Reporting act and other collection matters. In June, 1999, Ms. Targosz was inducted as an Honoree of the International Who's Who of Professional Business Women. In her personal time, Victoria enjoys the game of golf and is an avid boater.

Nicole Nesbitt
Nicole L. Nesbitt was born June 12, 1970. She is currently the Assistant Director/Paralegal for Lori J. Frank P.C. and a consultant for Rainmaker Consultants, Inc. Ms. Nesbitt has been a certified paralegal for ten (10) years. Immediately following graduation from the Paralegal program at the Academy of Court Reporting, Nicole was hired by Muller Muller Richmond Harms Myers & Sgroi. Being instrumental in the development of the Retail Division, Ms. Nesbitt gained extensive knowledge and experience in consumer and commercial collections. She also participated in the consumer bankruptcy sub-division of the department.

Later in her career at MMRHMS she was promoted to the position of Assistant Director/Legal Administrator for the firm. Ms. Nesbitt was in part responsible for the management of the paralegals, collectors, and legal support staff. She was also assigned a caseload of her own to handle as a paralegal. Nicole was a key player in developing and maintaining computerized programs and reports for the department to promote efficiency and quality service for clients. Ms. Nesbitt continues to utilize her skills and experience as paralegal, manager and consultant in developing the law firm of Lori J. Frank P.C. and Rainmaker Consultants Inc. In her spare time, Ms. Nesbitt enjoys traveling with her husband, playing tennis and volunteer work.