BANKRUPTCY Law - areas of practice

Here you will find an overview of the fields of bankcruptcy law we practice.

Chapter 11 and Chapter 13 Plan Objections

We have represented creditors in judicial foreclosure sales conducted in the local courts for the Commonwealth of Puerto Rico, and if applicable, we can also represent creditors in judicial foreclosure sales in the United States District Court for the District of Puerto Rico.

Non-Judicial Foreclosures

We have represented creditors in non-judicial foreclosures. A non-judicial foreclosure is a legal process that permits a creditor to acquire real estate that secures repayment of a loan issued to a debtor that has defaulted on the payments. The process normally takes approximately 30 days to complete, depending on debtor’s cooperation, and results in the lender acquiring legal title of the property through a public deed executed before a Notary Public. A non-judicial foreclosure does not require the creditor to file a lawsuit.

Servicing Agents or Mortgage Loans

We have represented the holders of mortgage loans in Chapter 7, Chapter 13 and Chapter 11 bankruptcy cases filed by debtors in an attempt to save the property from foreclosure and repay the debt though a bankruptcy plan or to voluntarily surrender the property.

Preference Claim Defense

We have represented creditors in the defense of adversary lawsuits brought under § 547 of the Bankruptcy Code to avoid preferential payments. A preference is a payment of an antecedent debt made by a debtor to a creditor within 90 days before a bankruptcy case is filed. Section 547 of the Bankruptcy Code permits a debtor (or trustee of the bankruptcy estate) to sue the creditor that received the payment for a refund if the payment is legally considered a preference and none of the applicable defenses apply.

Lift Stay Motions

We have represented creditors in proceedings to lift the automatic stay. The automatic stay prevents creditors from continuing to collect debts that arose before the debtor filed for bankruptcy. This includes a prohibition against: (1) the foreclosure or repossession of a debtor's property; (2) the continuation of litigation against the debtor; (3) the enforcement of a judgment; and (4) taking or keeping control over a debtor’s property. To continue such collection activities, a creditor must file a motion in the bankruptcy case and ask the court to "lift the stay" – grant the creditor permission. The court will grant the motion if the court finds that “good cause” exists to lift the stay.

Automatic Stay Violation Defense

We assist creditors in defending against automatic stay violation claims. Section 362(k) of the Bankruptcy Code permits a debtor to sue a creditor that willfully violates the automatic stay. A creditor that violates the automatic stay can be ordered to pay actual damages, attorney’s fees, and in appropriate circumstances, punitive (punishment) damages.

Chapter 11 and Chapter 13 Plan Objections

In Chapter 11 and Chapter 13 reorganization proceedings, debtors are required to file a plan of reorganization that determines how, when and how much of a creditor's claim will be repaid. We represent creditors in negotiating the repayment terms of creditor claims in bankruptcy cases, and prosecute objections to the confirmation of bankruptcy plans that treat the creditor unfairly.

Objection to Claim

In Chapter 7, Chapter 13 and Chapter 11, debtors or the Trustee may file objection to claims, some are easily resolved with an amendment to the claim, but others become contested matters within the bankruptcy proceedings. We represent creditors in defending their claims so that they do not surrender their rights for distributions within the bankruptcy proceedings.

Repeat Filers – Defense of Motions to Extend the Automatic Stay

We defend creditors in proceedings to extend the automatic stay. Section 362(c) of the Bankruptcy Code provides restrictions on debtors that attempt to file a second bankruptcy case after the failure of a prior bankruptcy case. One such restriction is the expiration of the automatic stay. The stay will expire within 30 days after a second bankruptcy case is filed if the debtor has been a party to another bankruptcy case that was dismissed within the past year.

Discharge Contests

We represent creditor in contesting the discharge of a debt in bankruptcy under Bankruptcy Code § 727 due to fraud or other abusive debtor conduct.

Valuation Disputes

The treatment of secured creditor claims in bankruptcy often hinges on the value of the collateral. We represent creditors in valuation disputes relating to real estate or other collateral.

Home Mortgage Litigation

We represent both debtors and creditors in the prosecution and defense of home mortgage claims – claims that a home mortgage debt is inaccurate or is being improperly collected.

Do you have questions about our services?

Contact us at +1 787 300-9024+1 787 300-9024 or via our contact form.