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Creditors' Rights/Bankruptcy

Creditors' Rights

Epport, Richman & Robbins, LLP represents a wide variety of clients in the area of creditors' rights. The attorneys of Epport, Richman & Robbins, LLP are experts at collecting delinquent secured and unsecured obligations. This is accomplished via workout negotiations when possible and by aggressive litigation and injunctive relief, when necessary, for purposes of preserving assets to avoid dissipation and maximize recovery. Our goal is to obtain the largest recovery possible for our clients utilizing the most cost efficient means available.

Because of our vast experience in this area, we are in daily contact with the California Courts and the Sheriffs' Offices. This enables us to obtain prompt and expeditious results for our clients. We regularly obtain pre-judgment remedies, including Ex Parte Appointment of Receivers, Writs of Attachments and Writs of Possession. The volume of matters we handle also provides enormous benefits to clients in terms of economies of scale which result in reduced legal fees.

Bankruptcy

The firm's Bankruptcy practice is comprised of seasoned, creditor-oriented bankruptcy litigators. We represent a wide variety of creditors in Chapter 11 proceedings and Chapter 7 liquidations. Our financial and statistical analyses combined with our litigation skills protect creditor investments, maximize creditor equity in the bankruptcy context and avoid dissipation of assets.

Epport, Richman & Robbins, LLP files hundreds of Motions for Relief From Stay every year. Our success rate in obtaining immediate relief is well over 95%. Again, because of the volume we handle, our clients benefit by substantially reduced costs. Furthermore, we often obtain what is known as "prospective" and "in rem" relief barring debtors from repeated bankruptcy filings, which can hold hostage a lender's collateral. We enable lenders to escape the consequences and enormous costs associated with the perpetual bankrupts, who are individuals and corporations which seek to encumber property for a period of years, utilizing a myriad of bankruptcies.

We successfully defend lenders in unfavorable Chapter 11 and 13 Plans of Reorganization, and attempted "cram-down" situations. Recently, the Bankruptcy Appellate Panel, in a published opinion, overturned a confirmed Chapter 11 Plan of Reorganization wherein our creditor client had been treated unfavorably.

Another substantial cost to financial institutions and businesses involves fraudulent misrepresentations, which are often followed by bankruptcy in an attempt to escape all liability. Epport, Richman & Robbins, LLP helps clients to avoid these needless losses by identifying fraudulent misrepresentations and then filing Non-Dischargeability actions. We have successfully prosecuted numerous Non-Dischargeability actions under Bankruptcy Code sections 523 and 727.
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You should consult an attorney for individual advice regarding your own situation.

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