Creditors’ Rights

Johnny Stewart lawyer

Clawson and Staubes is ready and willing to assist creditors, lenders, banks, financial institutions, businesses and individuals navigate the legal process throughout state and federal courts in South Carolina from the vantage point of our Columbia office. Our creditors’ rights attorneys are well-equipped to handle a wide variety of legal matters in the area of debtor / creditor law, including foreclosure, bankruptcy, collections, repossession, judgment enforcement and evictions.

Foreclosure

The team of attorneys and staff at Clawson and Staubes in the foreclosure group are eager to provide our clients with quality representation while delivering quick and efficient results at the least expense practicable to the client. We represent national, regional, and local mortgage lenders and servicers throughout South Carolina in both commercial and residential foreclosures. Where possible, we strive to avoid foreclosures recognizing that turning a defaulting loan into a performing asset is often the most-desired result for all parties involved in a foreclosure action. This can be accomplished through loss mitigation efforts, loan workouts, and other retention and non-retention options. However, our team is focused on providing dispositive results when a resolution cannot be achieved through these means. Our attorneys are experienced handling cases through all stages of the foreclosure process. We frequently handle contested, litigated, title curative, and post-sale eviction matters commonly encountered when prosecuting foreclosure actions.

Bankruptcy

The skilled attorneys at Clawson and Staubes recognize the critical importance of protecting the rights of their clients when affected by bankruptcy filings. Secured and unsecured creditors alike, we remain committed to representing national lenders and financial institutions in bankruptcy proceedings throughout the State of South Carolina. This includes, but is not limited to, credit card issuers, vehicle financing companies, lessors, and various businesses in Chapter 7, 11 and 13 cases. We take a proactive approach to managing our clients’ cases to ensure debtor filings are compliant with the Bankruptcy Code and deadlines are closely monitored. If aggressive action is necessary to protect the rights of our clients, our attorneys will zealously and ethically work to achieve the desired results. Our bankruptcy services include the following:

  • Filing Proofs of Claims
  • Plan Objections
  • Motions for Relief from the Automatic Stay
  • Valuation and Lien Avoidance Matters in Vehicle Financing Cases
  • Discharge and Dischargeability Litigation
  • Reaffirmations

Commercial Law and Consumer Collections

Our attorneys have extensive experience in all areas of commercial law and consumer collections. Whether it is pursuing the recovery of assets and collateral through replevin actions or simply reducing a claim to judgment, Clawson and Staubes is here to help. We regularly represent both secured and unsecured creditors, lenders, lessors, investors, and asset purchasers. We work closely with these clients to determine the most appropriate method of collection that meets their need. Our commercial law and consumer collections services include the following:

  • Judgment Enforcement and Executions Against Property
  • Domestication of Foreign Judgments
  • Fraudulent Transfers
  • Mechanic’s Lienholders
  • Secured Transactions Recovery
  • Collection on Letters of Credit
  • Suit on Promissory Note

Consult with Creditors’ Rights Attorney

If you are in need of a creditors’ rights attorney, our legal team at Clawson and Staubes is available to assist you. Contact us at (843) 577-2026 to learn more about our services.

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