Relief from Stay Proceedings
In bankruptcy proceedings, the motion for relief from the automatic stay is the most common remedy for secured lenders seeking to enforce the terms of the underlying promissory note and deed of trust. Our attorneys are acutely aware that lenders require prompt and effective access to the court, at a reasonable cost. We work closely with our secured lender clients to design efficient and cost-effective procedures for processing relief from stay motions. We also handle relief from stay proceedings on a nationwide basis through association with experienced and qualified local counsel. Our attorneys make it a priority to stay abreast of current FNMA/FHLMC requirements, so you can be assured of the utmost in bankruptcy representation.
Secured Creditor Representation
The federal bankruptcy law and the automatic stay have had an overwhelming impact on the judicial process. The enforcement of contractual rights is significantly impacted by a bankruptcy filing. Secured creditors are constantly challenged with the risk of losing the security for their loans through changes in the underlying statute and the interpretations of the statute in the courts. Because of this, experienced counsel are needed in order to navigate this difficult and highly technical area of the law. Our attorneys have successfully represented the interests of secured creditors in bankruptcy courts throughout California since 1976.
Dischargeability Litigation
Where the proper grounds exist, secured and unsecured creditors alike share an interest in establishing a judicial determination that their claims against the debtor are nondischargeable. Claims for borrower fraud and for fiduciary defalcation, for example, require knowledgeable and aggressive attorneys to prevent the unfair discharge of such claims. AHK attorneys are experienced in the complexities of dischargeability litigation.