Practice Areas

Creditor Representation

Reagan McLain Lee & Hatch, LLP's primary focus is representation of creditors in the areas of debt collection, collateral recovery and bankruptcy. Reagan McLain Lee & Hatch, LLP's attorneys are experienced in litigating issues arising in these contexts.

Bankruptcy

Individuals and businesses in financial difficulties often resort to the federal bankruptcy court for protection. When an individual files a petition with the bankruptcy court, an arm of the federal district court, an automatic stay of all debt collection activities is imposed. This automatic stay acts as an injunction against creditors, preventing even state court actions already in progress from going forward. Collection and collateral recovery proceedings are not canceled but funneled into the bankruptcy court for further proceedings.

If a creditor is secured, the creditor can ask the court to order the debtor to adequately protect the value of the collateral. Collateral should be insured against loss or damage and be properly maintained. The debtor can also be required to make payments to the bankruptcy trustee or the creditor to protect against depreciation while the stay is in effect. If the debtor does not adequately protect the collateral, the creditor can ask the court to lift the stay and allow the creditor to take possession of the collateral.

When individuals and businesses file for bankruptcy, they must disclose all information relevant to their financial condition to the court, and through the court to their creditors. Failure to disclose relevant information may result in serious penalties, including dismissal of the bankruptcy. In extreme cases of actively hiding assets, debtors may be charged with a federal crime and upon conviction, imprisoned. The diligence and persistence of creditors and their attorneys often enables the court to ferret out hidden assets and to uncover fraud and abuse of the bankruptcy process.

After automatic stay and adequate protection issues are resolved, the parties address the issue of the secured amount of the creditor's claim. An independent appraiser is often hired to assess a fair market value of the collateral which is used to negotiate the final claim with the debtor's attorney and the bankruptcy judge. Once the claim value has been determined, the creditor's attorney should act diligently to ensure the creditor receives the value of the claim as soon as possible.

Reagan McLain Lee & Hatch, LLP's attorneys aggressively represent creditors in bankruptcy seeking to maximize the creditors' return over the shortest term possible.

Collateral Recovery

A lender who has made a loan secured by personal property may have a contractual right to repossess the property if the borrower defaults on payments or otherwise breaches the contract. A secured lender is permitted to use self-help repossession, but only if such action does not breach the peace. If the defaulting party resists repossession of the secured property, the secured lender must seek its remedies in court.

The secured lender hires an attorney to file a lawsuit against the defaulting debtor for possession of the collateral. As a threshold matter, the creditor's attorney will ask the court to safeguard the property pending the outcome of the suit. This involves obtaining a writ of sequestration directing a sheriff or constable to seize the collateral and hold it subject to a bond until the matter is resolved. This process is involved and if not done right, can leave a creditor liable for damages.

Collateral recovery can be complex if a third party is involved. If one creditor is seeking to recover from a debtor, there are usually others. Furthermore, garages, repair shops, mechanics, and other parties in possession of secured property may seek to lay claim to the property.

Reagan McLain Lee & Hatch, LLP represents secured creditors and it has filed hundreds of lawsuits seeking the sequestration and return of secured property from defaulting debtors.

Probate and Estate Administration

When an individual dies, the ownership of his property vests in his heirs, or devisees, if he has executed a will. Probate is the process by which a will is given effect by a court order, although it is often used to describe the process of estate administration. The deceased's property passes subject to the debts of the deceased. Collection of debts from a deceased's estate can become legally complex. If an individual dies and has a valid will appointing an independent executor, the executor steps into the shoes of the deceased to settle the estate. The executor may sue or be sued in this representative capacity. Claims against the estate for money owed are presented to the executor.

If an individual dies intestate, or without a will, the rights of creditors can easily be lost. In this situation, the probate court directly administers the estate through a court appointed administrator. If the probate code provisions are not adhered to and certain rules and procedures are not followed, the ability of a creditor to collect a debt may be compromised. There are deadlines that must be met or a creditor's claim will be barred.

The court supervised administration of a deceased's estate resembles the bankruptcy process. This is not surprising as both probate and bankruptcy courts are descendants of the English Chancery Court. Diligent and knowledgeable legal help can assist creditors in recovering money from a deceased's estate. Conversely, a person's estate may need help to protect it against unjust claims and overly aggressive claimants.

Reagan McLain Lee & Hatch, LLP's attorneys can assist you with will and trust preparation, probate and estate administration services, as well as collections from estates.