Creditor’s Rights

Caldwell Law helps individual and business clients protect their interests by representing them as creditors in collection efforts or representation in the bankruptcy court.

Collections

Caldwell Law takes a straightforward approach to collections for its clients in Eastern Nebraska. We are not a collection agency that harasses debtors with phone calls and a multitude of letters to get debtors to pay their debt. We give your debtors one chance to begin paying their debts or face a lawsuit, which begins execution and garnishment proceedings.

If you prefer to have us settle debts, we can negotiate with debtors before and after the filing of a lawsuit. After a judgment has been rendered by the court, we will work toward collecting through the court by executing on property or garnishment of wages. You can view our list of counties Caldwell Law provides collection services to on the left.

Since we do not handle large national accounts, we normally charge a flat fee for each debtor. This fee starts out at $500.00 plus costs. We normally provide a discount for each additional account.

Contact Caldwell Law to conduct your collection activity in Nebraska.

Creditors in Bankruptcy Court

If you receive notice from the Bankruptcy Court in Nebraska that one of your debtors has filed a bankruptcy petition, you should contact Caldwell Law right away to determine what course of action needs to be taken.

First thing we need to determine is whether you hold a security interest in property of the debtor, hold a priority claim or unsecured claim. From there we will advise the need of filing a proof of claim and what documents are needed to file it. We charge a flat fee of $50 to file a proof of claim with the Bankruptcy Court. If the claim is objected to by another party, we will discuss representation of this action.

If you hold a secured claim, we will determine the need of filing a motion for relief from the automatic stay to allow a foreclosure or repossession of property to continue. We charge a flat rate of $750 to handle a motion for relief from stay, which includes the filing fee.

If the debtor filed a chapter 13 bankruptcy case, we will review the documents filed to determine whether the debtor’s proposed plan meets the requirements under the law.

If, after meeting and discussing your situation, we determine there was conduct by the debtor which may deny the debtor a bankruptcy discharge, such as fraudulent conduct by the debtor, Caldwell Law can help fight the bankruptcy filing by filing an Adversary Proceeding with the bankruptcy court.

There are certain things you cannot do once a bankruptcy case has been filed. Once you receive notice of that a bankruptcy petition has been filed you should contact Caldwell Law to find out what is permissible and what is prohibited. There are severe penalties provided to creditors who fail to abide by the bankruptcy laws’ automatic stay provisions which bar certain creditor conduct.

Contact Caldwell Law to represent you in your collection cases and in the bankruptcy court.