Bankruptcy

With offices in Brunswick and St. Marys, the attorneys in the Bankruptcy and Creditors' Rights Practice Group of Gilbert, Harrell, Sumerford & Martin, P.C. represent creditors in collections actions and in all aspects of bankruptcy proceedings in Georgia's federal bankruptcy courts. 

A debtor filing bankruptcy does not automatically result in his or her debt being discharged.  Creditors generally have multiple avenues available to collect on a debt, and our experienced bankruptcy attorneys are familiar with all possible remedies.  For a creditor, success in a bankruptcy proceeding depends largely on the type of debt owed by the borrower.  Secured creditors, such as mortgagors, have a higher priority than unsecured debtors, such as a medical provider or credit card creditor.  However, regardless of the type of bankruptcy, creditors have the right to be heard.  In Chapter 11, Chapter 12, and Chapter 13, the debtor agrees to a repayment plan.  In Chapter 7, certain types of debt are never dischargeable, and creditors are entitled to a meeting regarding the debts to be discharged. 

Attorneys in the Bankruptcy and Creditors' Rights Practice Group protect the interests of creditors by closely monitoring all bankruptcy proceedings and taking any actions that would protect creditors' rights, such as preparing objections to the terms of a repayment plan or to the discharge of a particular debt.  Our services on behalf of creditors also include attending creditor meetings, filing proofs of claim, and filing motions for relief from the automatic stay.  Our attorneys are also available to serve in a general counsel capacity, providing advice to creditors whose borrowers or customers have filed for bankruptcy protection.  Monitoring these proceedings also ensures that our attorneys can help clients resume collections activity as soon as possible should the debtor's bankruptcy filing be dismissed for any reason. 

Collections

In addition to assisting creditors in bankruptcy proceedings, attorneys at Gilbert Harrell assist lenders with collections activity.  We have an in-depth understanding of Georgia's limitation on unreasonable collections activities, and provide advice and counsel to ensure that creditors remain within these limitations.  Our representation encompasses every aspect of the collections process, from validating the initial debt to pursuing foreclosure and replevin actions and obtaining a final judgment.  Whenever appropriate, we assist clients in negotiating a settlement with the debtor that will be as advantageous as possible. 

Seek Experienced Legal Counsel

Creditor bankruptcy and collections matters require the assistance of counsel with extensive experience in Georgia's federal bankruptcy courts.  To schedule a consultation with one of our bankruptcy and creditors' rights attorneys, contact Gilbert, Harrell, Sumerford & Martin, P.C.