Transportation Related Fraud and Bankruptcy

Our clients reach out to us for advice in collecting debts.  In some circumstances the debtor has filed for bankruptcy or it appears that they may file for bankruptcy in the near future.  We are experienced in protecting and advocating for creditors’ rights in these circumstances.  If bankruptcy has not yet been filed we work to position our clients so that if the debtor does seek bankruptcy court protection, our clients have the least exposure and the highest likelihood of a recovery.  And if bankruptcy has been filed we handle recovery efforts in bankruptcy cases, receiverships, assignments for the benefit of creditors, and other litigation throughout the country.

We often file claims, motions, adversary proceeding, or other action in a bankruptcy case.  We also defend our clients against adversary actions filed by a bankruptcy trustee seeking to collect money already paid to our client (preferential payments).  We have had great success in recovering funds through bankruptcy proceedings as well as defending our clients against preference actions.

Even when a debtor has not filed bankruptcy, we are experienced in protecting creditors’ rights through various state and federal laws.  Whether via contract actions, fraudulent transfer claims (such as either the Uniform Fraudulent Transfer Act or the Uniform Fraudulent Conveyance Act), perfecting or challenging liens, or through various provisions of state corporation and business association laws, we focus on providing our clients with sound, practical, results-driven advise.

Our experience in pursuing debtors has led us to discovery hidden assets in a variety of places:

  • we have liquidated a ranch in Texas, 
  • secured funds from an assortment of trust accounts, 
  • we have liquidated a fleet of specially equipped tankers. 
  • obtaining relief from a bankruptcy court to pursue collection from a debtors’ insurance
  • negotiating purchase of administrative claims from purchaser of bankrupt business assets
  • preserved a carrier lien on equipment being sold through a multinational bankruptcy
  • recovered transfers to a family trust fund when business became defunct and owner filed a personal chapter 7 bankruptcy
  • learned about assets through examination of debtors at creditors meeting regarding hidden assets then recovered by trustee and disbursed to creditors