Understanding Debtors’ Rights In Business Debt Situations
Both creditors and debtors need to know about debtors’ rights when debts become difficult to collect. In business debt circumstances, questions arise about how an individual or business that owes on bad debts can be held liable. Business owners and managers often reach out to business law attorneys for clarification and assistance in pursuing collections (on the creditor’s side) or defending against collection attempts (on the debtor’s side).
Aaronson Schantz Beiley P.A., in Miami, is a resource for businesses and businesspeople with concerns about debtors’ rights. We represent corporate officers, real estate brokers and debtors targeted by debt purchasers, to name a few examples of our clients who need counsel in this area of the law.
How Debtors Can Protect Assets And How Creditors Can Work Around Debtor Protections
Debtors who reach out to us about business debts, including those that may affect individuals, ask for our attorneys’ guidance in resolving debt collection problems pertaining to:
- Unpaid business loans
- Promissory notes
- Delinquent business equipment lease agreements
- Replevin actions
- Property leases in default
- Breach of contract claims and judgments
- Financial and other tangible property included in business bankruptcies
Our lawyers’ methods of protecting debtors include:
- Wage garnishment and bank account levy prevention and defense
- Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA) enforcement
- Evaluating and vacating invalid judgments against debtors
- Monitoring and protecting debtors’ rights in business bankruptcies
- Vigilance over debtors’ allowable exemptions in collection judgments
For more than 40 years, Aaronson Schantz Beiley P.A. has been a reliable resource for owners of small and medium-sized businesses in Florida. Our attorneys often help with negotiations in support of restructuring such businesses to prevent insolvency and bankruptcy filing. With this intent on the table, backed by their strong track record in the area of business debt collections, our lawyers often help our debtor clients arrive at workable solutions with creditors. They also advise them to avoid fraudulent transfers and other actions that can thwart their chances at a resolution.
Likewise, when our attorneys represent creditors, they share realistic assessments and propose solutions that can save time, money and aggravation for both creditors and debtors. Minimizing losses can be more important than winning a judgment that may not be collectible. Our clients come to understand this when our team analyzes their business debt problems and lays out options for resolving them. Our clients include lenders holding the bag with secured and unsecured business debts. Understanding debtors’ rights can set the stage for practical loan restructuring and workouts.
Get Customized Counsel Before Losing Assets Or Rights
Regardless of whether your company is a debtor or creditor, don’t risk taking actions that may stop you from protecting your rights or those of your business. Time is of the essence once a business debt is in default. Get the advice you need now and get started devising a plan to resolve the debt problem in your best interests and for the sake of your business’s stability.
Aaronson Schantz Beiley P.A., is a debt relief agency. We help businesses and individuals file for bankruptcy relief under the Bankruptcy Code.