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Bankruptcy chap 11, def filed chap 11 2 wk ago, I filed a lien 9 month ago- am I a secured cridtor? how can I get a relief ?

New York, NY |

amount 27K

we re in auto stay. we need to appear on civil ct next week

Attorney Answers 4


  1. You should hire an attorney, there are some complex state and federal laws involved. Even the difference of a few days makes a huge difference here.

    Be sure to designate "best answer." If you live in S. California, you may call my firm for a consultation 818-507-6000. The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.tilemlaw.com for more information about my services.


  2. If you want any chance of getting paid, you need to hire counsel. Chapter 11s are very procedural and your key to getting a leg up in this case is being determined as a secured creditor. You may be able to recover attorneys' fees in the bankruptcy process to recover your claim. Hire a local attorney in New York who works on Chapter 11s frequently.


  3. You will be secured if you have a valid lien and are properly perfected. You may be able to get relief from stay depending on the facts.


  4. I suggest to hire local counsel who is experienced in handling chapter 11 bankruptcies. Your question is loaded with potential complexities plus add the fact it involves a chapter 11 filing, you will better served by retaining counsel.