When someone who owes you money files for bankruptcy, everything changes. Collection efforts stop. Lawsuits are frozen. And without proper representation, your claim may be overlooked, undervalued, or discharged entirely.
Creditor representation is about making sure your voice is heard in bankruptcy proceedings. It means having experienced counsel who understands the procedural requirements, filing deadlines, and negotiation strategies that determine whether you recover what you're owed or walk away with nothing.
At Shelomith Law, we represent all types of creditors, from financial institutions and businesses to HOAs and individual lenders. We understand the unique challenges each faces, and we fight to maximize recovery while minimizing the time and cost involved.
If any of these situations apply to you, having experienced legal representation can make the difference between recovering your money and losing it entirely:
A customer, tenant, or borrower has filed for bankruptcy
You've received notice of a bankruptcy case where you're listed as a creditor
You're owed money by a business that's struggling financially
A debtor has stopped making payments and you're considering legal action
You need to enforce a judgment against someone who's filed bankruptcy
You're an HOA or condo association with delinquent owners
A customer, tenant, or borrower has filed for bankruptcy
The bankruptcy process moves fast, and deadlines are strict. Missing a filing deadline can mean losing your right to participate in distributions or challenge the debtor's plan.
We analyze your documentation, assess the strength of your claim, ensure it's properly categorized (secured vs. unsecured), and prepare your proof of claim for filing with the bankruptcy court.
We track the bankruptcy case, attend creditor meetings, and keep you informed of developments that affect your interests. We watch for opportunities to maximize your recovery and threats that require immediate action.
We engage with the debtor, trustee, and other parties to negotiate favorable outcomes. This may include repayment plan terms, treatment of your collateral, or settlement of disputed claims.
Whether through plan confirmation, negotiated settlement, or litigation, we pursue the best possible outcome for your claim and ensure you receive what you're entitled to.
We represent a diverse range of creditors, each with unique challenges and legal considerations:
HOAs and condo associations face ongoing challenges with delinquent owners, especially when those owners file bankruptcy. We help associations protect their lien rights and maximize recovery.
When a customer, borrower, or business partner files for bankruptcy, the rules changeimmediately. The automatic stay halts your ability to collect, enforce judgments, or foreclose oncollateral — but you retain significant rights inside the bankruptcy court. We represent businesscreditors, private lenders, and secured parties, including a number of private mortgage lendersthroughout South Florida, and we fight to protect their interests at every stage of theproceeding.
When an individual who owes you money — a former business partner, borrower, orcounterparty — files for bankruptcy, your ability to collect is immediately frozen. Withoutrepresentation, personal creditors frequently see their claims overlooked, undervalued, ordischarged entirely. We help individuals who are owed money assert their rights insidebankruptcy court and recover as much as possible.
Not everyone affected by a bankruptcy is a creditor. Landlords, equity holders, potentialbuyers, litigation counterparties, and others may have significant interests in how a bankruptcycase unfolds — and those interests deserve protection. We represent a wide range ofinterested parties in Chapter 7, 11, and 13 proceedings throughout South Florida.
When a debtor files bankruptcy, creditors have specific rights and opportunities. Here's how we help you exercise them:
Filing a proof of claim is your formal assertion of the debt owed to you. We prepare and file your claim to ensure you're included in any distributions from the bankruptcy estate. Attention to detail matters here, as improperly filed claims can be rejected or reduced.
The automatic stay halts all collection efforts against the debtor. But as a creditor, you may have grounds to seek relief, allowing you to proceed with foreclosure, repossession, or other collection actions. We evaluate whether relief is available and pursue it when appropriate.
When a debtor decides to assume or reject a lease, the outcome significantly affects landlords and lessors. We negotiate on your behalf to ensure the outcome aligns with your interests, whether that means continuing under new terms or seeking compensation for rejection.
Secured creditors have the right to adequate protection of their interest in a debtor's property. We fight to ensure your collateral is not diminished or put at risk during the bankruptcy process.
If a debtor cannot provide adequate protection, we can request turnover of collateral. This ensures your secured interests are preserved and you receive what you're entitled to.
In larger cases, creditors may form committees to participate more actively in the bankruptcy process. We represent creditors on these committees and ensure your interests are heard in major decisions.
We represent both debtors and creditors, giving us unique insight into how the other side thinks. This perspective helps us anticipate arguments and develop more effective strategies.
Zach Shelomith is one of the few Florida attorneys Board Certified in both Business Bankruptcy and Consumer Bankruptcy Law. This credential demonstrates recognized expertise in bankruptcy matters.
Bankruptcy cases involve both state and federal courts. Our extensive experience across Florida courts means we handle your case with the required procedural knowledge.
When we represent creditors, protecting your interests is our singular focus. We understand that every dollar recovered matters, and we fight accordingly.
From proof of claim filing to adversary proceedings to loan workouts, we handle the full spectrum of creditor needs in and out of bankruptcy.
We keep you informed and involved in decision-making throughout the process. You'll understand what's happening and why at every stage.
Yes, bankruptcy sales under Section 363 of the Bankruptcy Code can be an opportunity to acquire business assets, real estate, or equipment, often free and clear of liens and claims. We represent buyers interested in bankruptcy asset acquisitions, guiding them through the bidding process and court approval.
HOA and condominium association claims are treated differently depending on the type of bankruptcy filed. In some cases, post-petition assessments are given priority; in others, the association can seek relief from the automatic stay to pursue lien foreclosure. We regularly represent HOAs and condo associations in bankruptcy proceedings to protect their interests.
Trustees can sue creditors to "claw back" payments made before a bankruptcy filing, even legitimate ones. These are called preference or avoidance actions, and they can be significant. We represent creditors facing these claims and often have strong defenses available, including the ordinary course of business and new value defenses.
A proof of claim is the formal document that registers what a debtor owes you in a bankruptcy case. While creditors can technically file one without an attorney, mistakes can result in your claim being disallowed or significantly reduced. For business creditors, HOAs, or lenders with substantial claims, having an attorney ensures your claim is filed correctly and defended if challenged.
When a debtor files for bankruptcy, an automatic stay immediately halts most collection efforts but that doesn't mean creditors are powerless. An attorney can help you file a proof of claim, object to a debtor's discharge or reorganization plan, lift the automatic stay when appropriate, and fight to maximize your recovery through the bankruptcy process.
