Mr. Herman regularly represents creditors in all chapters of bankruptcy. Mr. Herman has intimate knowledge of the inner workings of Chapter 7 cases, Chapter 13 cases, and Chapter 11 cases, from his many years of training, continuing education, and personal experience in representing both sides of disputes between debtors in bankruptcy and their creditors. His board certification in both business bankruptcy and consumer bankruptcy is evidence of his mastery of the law, issues, and subtleties of each chapter of bankruptcy cases.
Summaries of Bankruptcy Chapter 7, 13, 11 Complex & Unusual Cases |
By the very concept of “discharge” of debts in bankruptcy, the law contemplates that some or all of valid debts may not be paid when the debtor seeks relief under bankruptcy law. The most important determination in representation of creditors is deciding what is worth pursuing. To pay more money for representation as a creditor than is received back is nonsensical. That creditor would have been better off without any representation. Mr. Herman is very sensitive to this issue, directly addresses with creditor clients the cost/benefit analysis in deciding how much representation the client will reasonably want to engage. This analysis can be much affected by nature of the bankruptcy case, liquidation or reorganization.
In addition to the questions of monetary return through the bankruptcy case, there are other essential issues creditors may engage. Debtors can be ineligible for certain Chapters of bankruptcy. Their income and living expenses may disqualify them form eligibility for Chapter 7. There are specific dollar limits on the debt that may be reorganized in Chapter 13. Debts that have been incurred through forms of bad behavior such as fraud, theft, embezzlement, willful and malicious injury, and other such forms of behavior may not be subject to discharge. The creditor must be proactive in effectively asserting non-dischargeability and these other limitations.
If a debtor is dishonest with the court, conceals assets, fraudulently transfers assets, cannot account for major assets, or commits other transgressions detrimental to the administration of the case, the court can deny a discharge entirely to such a debtor. Again, a creditor may have to act proactively to assert such. The proactivity just described ordinarily means filing, a motion (or an “adversary proceeding”), (the equivalent of a law suit) in the bankruptcy case within certain time frames.
Bankruptcy is a creation of federal law administered by federal courts. In addition to perjury for false testimony under oath, there are numerous bankruptcy crimes with which dishonest debtors may be charged. Such crimes are investigated by the office of the United States Trustee, the Federal Bureau of Investigation (FBI), and prosecuted by the Untied States District Attorney. Creditors with knowledge of such crimes can provide information to, and assist, law enforcement.
Mr. Herman can advise and assist creditors throughout this wide array of remedies. He can also assist the creditor in deciding what activities are worth pursuing and what expense is worth incurring.
Pecarek & Herman, Chartered
200 Clearwater-Largo Road South
Largo, FL 33770-1330
Phone: 727-584-8161
Fax: 727-586-5813
Pecarek & Herman, Chartered, in Largo, Florida, represents clients in Tampa Bay and throughout Hernando County, Hillsborough County, Pasco County, and Pinellas County, including the cities of Belleair, Brooksville, Clearwater, Dade City, Dunedin, New Port Richey, Largo, Palm Harbor, Pinellas Park, Port Richey, St. Petersburg, Seminole, Tampa, and Tarpon Springs, Florida.
