Debtor/Creditor Law

Troubled financial times mean more businesses and consumers find it difficult to meet originally agreed terms of loans, leases, and other obligations. We work with both debtor (borrower) clients to design and implement workout strategies appropriate to their circumstances. We provide counsel regarding your legal rights, obligations and opportunities.

Mortgage Loan and Other Debt Workouts

If you find it difficult or impossible to meet your payment obligations on mortgage loans, lines of credit, credit cards, auto loans, or leases, we help implement appropriate strategies for workouts or defense against creditors. We provide counsel regarding your legal rights, obligations, and available remedies.

Your options may include:

  • Lowering Payments
  • Loan Modification
  • Lump-Sum Settlement
  • Short-Sales
  • Deed-in-Lieu of Foreclosure
  • Forbearance or ?Payment Plan? Workouts
  • Lawsuit for Rescission or Other Claims
  • Injunction to Stop Foreclosure or Eviction

Commercial Debt Workouts

Schwindt | Richardson can provide debt restructuring advisory services to commercial real estate owners facing cash flow problems and/or the inability to refinance their properties due to capital market disruptions. Our team will formulate loan restructuring proposals to address the immediate cash flow or enforcement issues while developing a strategy towards an exit for the current lender while maintaining ownership. Our value is in advocating for our clients’ rights, properly documenting the workout, and presenting the economics of the deal in a logical and professional manner in support of a loan restructuring proposal.

Bankruptcy

Sometimes circumstances lead to debts beyond our ability to control without the protection of bankruptcy. We strive to make the bankruptcy process as simple and stress-free as possible, as we make ourselves available to answer your questions and address any concerns you may have along the way. We offer Chapter 7 and Chapter 13 bankruptcy filings, as well as any related motions and litigation. We offer fixed-fee representation and affordable individual consultations, so please schedule an appointment today if you are considering whether filing a bankruptcy is in your best interest.

Defense of Creditor Harassment

We represent consumers who have been a victim of fraudulent activity or deceptive trade practices. This includes debtor harassment by creditors. Please contact us to discuss your rights if your creditors have exhibited any of the following behaviors:

  • Threaten to take criminal action against you
  • Berate or insult you
  • Intimidate or harass you
  • Call during odd hours
  • Contact your employer
  • Call you everyday until the debt is paid
  • Make false representations about the debt or their intentions