Omaha Creditors’ Rights Lawyers

At the business law firm of Croker Huck Law Firm, we represent entities and individuals in litigation to collect amounts owed and pursue collection efforts once a judgment has been obtained. Our clients include lenders, landlords, businesses and individuals ranging from large national banks to small local businesses.

We pursue litigation and collection efforts in a variety of situations, including loans in default, delinquent rental payments, past due accounts receivable and other outstanding commercial obligations. We work with lenders in the collection and disposition of collateral, including trustee’s sales and foreclosures, receiverships, UCC sales and replevin actions.

We also represent creditors through every aspect of the bankruptcy process. In that context we assist clients with filing a proof of claim, obtaining relief from an automatic stay, challenging the debtor’s ability to discharge certain debts and challenging a proposed plan of reorganization.

Prelitigation Collection Strategies

A lawsuit is not always the first move when a debt goes unpaid. Several approaches can resolve a delinquent account faster and at less expense before litigation becomes necessary. Depending on the situation, that may involve:

• Sending demand letters that lay out the obligation clearly and the consequences if payment does not follow
• Working out a payment plan that gives the debtor a realistic path forward while protecting the creditor’s interests
• Trying mediation or another form of alternative dispute resolution when both sides are willing to negotiate
• Tracking down a debtor who has become difficult to reach through skip tracing and location services
• Weighing whether continued collection effort is worth the cost compared to writing off the debt

The right call here saves money and time later, and we walk through these options with clients before deciding how to proceed.

Post-Judgment Collection Tools In Nebraska

Winning a judgment is only the first step. Turning that judgment into actual payment requires using the legal tools Nebraska makes available to creditors. Depending on the debtor’s situation, our attorneys may pursue:

• Wage garnishment: Nebraska permits creditors to garnish a portion of a debtor’s paycheck directly through their employer, within limits set by state and federal law
• Bank levies: A creditor can seek to freeze and seize funds sitting in a debtor’s bank account to satisfy the judgment
• Property liens: Judgment liens attach to real estate the debtor owns in Nebraska, while mechanics’ liens give contractors and suppliers added leverage on unpaid claims
• Debtor examinations: Nebraska courts permit post-judgment discovery so creditors can uncover a debtor’s assets, income and overall financial picture
• Writs of execution: This process authorizes the sheriff to seize and sell a debtor’s non-exempt property to cover what is owed
• Judgment domestication: When a judgment comes from another state, we register it in Nebraska so the full range of local collection tools applies

Choosing the right tool depends on the debtor’s specific circumstances, and that judgment call is where experience in Nebraska collection law really pays off.

Douglas County Creditors’ Rights Attorneys

Our lawyers have worked on collection issues with many Omaha-area businesses. We understand the hesitation to spend money chasing debts that may never be recoverable, and we understand the added difficulty a bankruptcy filing creates for creditors. We work methodically, staying in close contact with clients to choose the strategy that fits their situation and business goals.

Our aim is to help clients make informed decisions about their rights and the paths available to enforce them, always with an eye toward what makes sense for their business.

What Happens If The Debtor Files Bankruptcy After I Get A Judgment?

Once a bankruptcy is filed, an automatic stay goes into effect and halts nearly all collection activity, including enforcement of an existing judgment. That said, having secured a judgment beforehand can still work in your favor. Depending on the type of debt and the bankruptcy chapter filed, your judgment may survive the proceeding or entitle you to a share of the bankruptcy estate. There are also situations where we can argue the debt should not be dischargeable at all. We represent creditors throughout the bankruptcy process and help clients protect their position from the moment a filing occurs.

Talk To An Omaha Creditors’ Rights Lawyer Today

Contact us with your creditors’ rights issues. Croker Huck Law Firm is located in Omaha, Nebraska. Call 402-391-6777 or reach out online.