Creditor Rights
Entries across the digest that deal with creditor rights.
-
Bankruptcy & Debt
The Automatic Stay: What It Halts and What It Does Not
Filing a bankruptcy petition halts most collection, litigation, and lien enforcement at once, without any court order, but section 362 lists exceptions and shortens the stay for repeat filers.
-
Bankruptcy & Debt
Reaffirmation Agreements and Keeping Secured Property
A reaffirmation agreement puts a debt back on the debtor after discharge. Section 524 requires disclosures, an attorney certification or court approval, and allows rescission within a defined window.
-
Bankruptcy & Debt
Preferences and Fraudulent Transfers: Clawing Payments Back
Two avoidance powers let a trustee undo pre-filing transfers: preferences reach ordinary payments made shortly before filing, and fraudulent transfer law reaches gifts and bargains made while insolvent.
-
Bankruptcy & Debt
Involuntary Bankruptcy Petitions Against a Debtor
Creditors can force a debtor into Chapter 7 or Chapter 11 under section 303, but only with qualifying undisputed claims, the right number of petitioners, and a real risk of damages if it fails.
-
Bankruptcy & Debt
Proofs of Claim, Objections, and Creditor Participation
A proof of claim is how a creditor asks to be paid in a bankruptcy case. Bar dates differ for government units, and a proper objection shifts the burden back to the claimant.
