Creditor Representation in California

One of the most crucial components of a successful business is being paid for the goods you provide and the services you render. When a customer or client does not pay, it may be necessary to take legal action to ensure that you are compensated. The creditor attorney team at White and Bright, LLP understands the impact being owed a debt can have on your business. We offer aggressive representation to creditors to assist with problems like these — and to protect your company’s reputation and bottom line.

Judgment Enforcement and Collection

If another party refuses to pay a debt you are owed, you are considered a creditor in the eyes of the law. This means you are entitled to the relief afforded to creditors under the applicable statutes and case law. While obtaining payment that is owed by a customer or client is not always a simple process, there are several different tools available to a creditor to recover a debt and enforce a judgment, including the following:

  • Prejudgment writs of attachment
  • Bank account levies
  • Liens on the debtor’s real property
  • Wage garnishment and earnings withholdings orders
  • Filing a lawsuit against a third party in control of the debtor’s assets
  • Requesting the appointment of a receiver
  • Seeking an injunction to prevent the debtor from dissipating assets

In addition, once a judgment for money is issued, our skillful attorneys can take steps in an attempt to secure the debt, prepare and obtain the issuance of a writ of execution, and take steps to levy on assets of the debtor using the writ of execution. We can also file a request for an Order of Examination if the location of the debtors’ assets is unknown. Once personal service on the debtor is accomplished, an Order of Examination requires a judgment debtor to appear before the court and answer questions, under oath, concerning where the assets are located.

Recovering a debt is not one-size-fits-all. With a focus on delivering the best possible results, the creditor attorney team at White and Bright takes a tailored approach to find solutions in every case. We use alternative dispute resolution methods whenever possible as a less costly and adversarial way to reach a settlement in your case. With deep knowledge of the process of obtaining a judgment and the post-judgment recovery strategies that can be pursued, we will assist you with obtaining the judgment you are rightfully entitled — and enforce it in litigation if necessary.

Creditor Representation in Bankruptcy Proceedings

In the event a debtor has filed for bankruptcy, you have the right as a creditor to protect your financial interests. At White and Bright, we provide representation to creditors in bankruptcy proceedings and adversary actions — including individuals, bsmall businesses, corporations, and sole proprietors. With decades of experience serving businesses throughout San Diego and North County, California, we are equipped to handle complex matters and high-stakes cases.

We will work closely with you to determine the measures that can be taken to protect your business in bankruptcy proceedings, whether the debtor has filed for Chapter 7, 11, or 13. Our creditor attorney team can assist with:

  • Filing and prosecuting a proof of claim
  • Responding to claim objections
  • Moving for relief of stay
  • Defending your interests if you are sued by a trustee
  • Challenging plans of reorganization
  • Arguing against improper discharges
  • Prosecuting nondischargeability actions against debtors
  • Reviewing disclosure statements
  • Conducting debtor examinations

Under Bankruptcy Code § 341(a), creditors must attend a meeting after a debtor files for bankruptcy. At this meeting, often referred to as a § 341(a) meeting, creditors and trustees are able to inquire into a debtor's financial situation. We can assist you with preparing for the meeting, as well as engage in negotiations and attempts to settle with the debtor out of court.

Although you may be entitled to recover the full amount of the debt you are owed, many creditors often receive less than what they are allowed under the law. We will ensure you understand your rights and help you maximize your financial recovery. Whether you are a secured or unsecured creditor, our creditor attorneys will walk with you every step of the way and help you navigate the legal process. We also provide comprehensive counsel to creditor committees regarding available options and remedies.

Contact an Experienced California Creditor Attorney

If you are owed a debt, it’s important to take the necessary measures to protect your rights and financial interests. As a firm that represents a range of local companies and small businesses, the creditor attorney team at White and Bright, LLP knows how much you depend on being paid for the goods and services you provide. We welcome you to contact us online or call (760) 747-3200 to learn about our creditor representation practice and how we can help.