Benjamin Law Offices represents individuals, non-profits, businesses, and lending institutions as creditors or interested parties in Chapter 7, Chapter 11 and Chapter 13 bankruptcy cases throughout California.  Our attorneys also routinely advise non-bankruptcy attorneys of bankruptcy law, procedures, and issues that could affect their cases and clients.  We have practiced bankruptcy for over eighteen years, and have been involved in all aspects of bankruptcy cases.


“The corporate Chapter 11 debtor owned an elite fitness center and used the client’s equipment without paying for it.  After attempting to reach a stipulation with the debtor to receive adequate protection payments, the firm moved for relief from the stay so that it could repossess its equipment collateral.  The debtor opposed the motion, but the court granted relief from the stay.  After the relief from stay order, the debtor cooperated with the firm’s client in returning the equipment without the need for litigation in state court or involving the Sheriff to repossess the equipment.”


Our attorneys are experienced in protecting our clients’ interests in advance of a bankruptcy case because we are familiar with how a bankruptcy can affect their rights.  Once a bankruptcy is filed, we analyze a debtor’s schedules, statements and other documents to determine an appropriate action plan to enforce the particular client’s rights in a timely and cost-effective manner.  Among other things, the firm, where appropriate, moves for dismissal or conversion of cases, moves for relief from the automatic stay to continue state court litigation or to enforce lien rights in real or personal property collateral, files proofs of claim, examines debtors about their financial circumstances at 341 meetings of creditors and Rule 2004 exams, objects to discharge and dischargeability of debts, and analyzes and objects to disclosure statements and plans of reorganization.  The firm has been involved in numerous adversary proceedings and contested matters within bankruptcy cases.  However, our attorneys are often able to enter into stipulations or consensual agreements with debtors-in-possession or bankruptcy trustees that protect our clients’ rights economically, without protracted litigation.

In every bankruptcy case, our goal is to understand the client’s business objectives and pursue the best strategy to protect and recover any collateral and maximize the client’s net recovery.

For more information on creditor bankruptcy representation, please contact the lead attorney Wendy L. Benjamin.