Creditors' Rights
Commercial and Consumer Collections
Our attorneys diligently and aggressively pursue commercial and consumer debt collections matters on behalf of lenders, financial institutions, landlords, and other creditors. The team utilizes all manner of default remedies available for our clients in enforcing secured and unsecured loans, mortgages, trust deeds, promissory notes and other negotiable instruments, lines of credit, financing agreements, lease agreements, statutory liens, and other debts. Our creditor’s rights team includes experienced transactional and litigation attorneys who fairly represent our clients in renegotiating the terms of a loan, and preparing loan workout, forbearance or settlement agreements with a defaulted debtor. We regularly secure prompt debt collection by obtaining judgments and money awards, attaching judgment liens to debtor property, and enforcing judgments through execution, garnishment, replevin, and other appropriate legal processes. The team also represents secured lenders in actions for judicial and non-judicial foreclosure upon real or personal property, receiverships and pre-judgment provisional process. In addition, Tomasi Bragar DuBay and the team leader, Eleanor A. DuBay, act as trustee in non-judicial foreclosure on trust deed proceedings.
Creditor’s Rights in Bankruptcy Proceedings
We understand that complying with the federal bankruptcy code, navigating the bankruptcy court system, and protecting our client’s interests after a debtor files bankruptcy can be a daunting and complex task for any secured lender or creditor. Our creditor’s rights team routinely represents creditors in relief from the automatic stay actions, confirmation and dischargeability issues, claims, preference and avoidance actions, and other litigation in Chapter 7, 11 and 13 debtor bankruptcy proceedings.
Enforcement of Judgments
The creditor’s rights team at Tomasi Bragar DuBay specializes in post-judgment executions and proceedings to enforce money awards. In particular, our team is routinely engaged by attorneys and their clients to lead enforcement actions in various types of cases, including marital and domestic relations dissolution proceedings. Such enforcement actions include judgment debtor exams, post-judgment discovery, contempt proceedings, garnishments, and execution sales of real and personal property. Our attorneys are experienced at locating and collecting assets on behalf of our clients to satisfy outstanding judgments and money awards to the fullest extent possible.