(614) 776-1000 (614) 776-1000

Creditors’ Rights in Ohio

Thomas R. Merry Co., L.P.A. represents clients in various types of creditors’ issues, including foreclosure and collections

Businesses and lenders throughout Ohio look to us for guidance and assistance when a debtor files for bankruptcy. When stakes are high, a creditor is urged to seek competent legal counsel.  There are many avenues by which Ohio creditors can recover partial or total amounts owed by debtors who are filing Chapter 7, Chapter 11, Chapter 12 or Chapter 13 bankruptcy. The higher the stakes, the more worthwhile it is to examine all possible options for recovery.

Contact us to schedule a consultation regarding a pending or ongoing bankruptcy filed by a client-debtor. Assert your creditor rights in the face of the risk of total loss through a customer’s bankruptcy. Options may include the following:

  • A creditor may assert a “reclamation claim” for goods delivered to an insolvent customer within the 45 days before a bankruptcy filing.
  • A creditor may pursue priority litigation versus other lien holders including secured creditors, taxing authorities and landlords.
  • A creditor may obtain a court order granting relief from an automatic stay to allow a creditor to pursue its rights and remedies under applicable state law.
  • A creditor may file an “adversary proceeding” to have a debt declared non-dischargeable in bankruptcy.

Commercial collections
The attorneys at Thomas R. Merry Co., L.P.A. also represent commercial and retail clients in the following:
Commercial collections – collection of commercial debt, secured and unsecured, for small and large businesses, contractors, subcontractors, banks, lenders, commercial landlords and equipment lessors
Retail collections– collection of consumer debt, secured and unsecured, for banks, savings and loans, credit unions, businesses and other lenders and creditors
Foreclosures –  foreclosures of mortgages, judgment liens, and other liens and sale of real estate
Receiverships – operation and/or liquidation of businesses and real estate
Construction collections – filing and enforcement of mechanic’s lien claims, and labor and material payment bond claims
Replevins – repossession and recovery of collateral from defaulting debtors for lessors and other secured creditors
Litigation – prosecution of debt collection civil actions in state and federal courts and before alternative dispute resolution forums (arbitration, mediation), and defense against debtor counterclaims

Contact an experienced Central Ohio law firm today
Call Thomas R. Merry Co., L.P.A. at (614) 776-1013 or contact us online.