Bankruptcy

Adleson, Hess & Kelly has 39 years of experience in dealing with bankruptcy issues.  Led by Patric Kelly and representing creditors, the Firm has litigated many issues over the years and is very familiar with the complexities of bankruptcy law and the courts.  From simple chapter 7's through complicated chapter 11's, the Firm has successfully represented creditors for years.

Plan Challenges

Chapter proceedings most often involve debtors seeking to relieve themselves from secured debt in ways that are seriously detrimental to secured creditors.  These efforts, including lien stripping, interest rate reduction, due date extensions, and other detrimental moves, must be challenged by secured creditors.  We aggressively battle these efforts when it benefits the creditor and have successfully done so in bankruptcy courts throughout the State of California and at all levels of courts, from bankruptcy court through the United States Supreme Court.

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 handle relief from stay proceedings on a statewide basis. 

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 statutes and the interpretations of the statutes in the courts.  Because of this, experienced counsel is 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 may benefit from a judicial determination that their claims against the debtor are non-dischargeable.  Claims for borrower fraud and for fiduciary defalcation, for example, require knowledgeable and aggressive attorneys to prevent the unfair discharge of such claims.  The Firm's attorneys are experienced in the complexities of dischargeability litigation and have obtained significant judgments against fraudulent debtors.