TABLE OF CONTENTS
- Mr. Hansen’s Background
- Creditor Rights – Filing of a Claim
- Creditor Rights – Filing a Nondischargeability Action against a Debtor
- Creditor Rights – Filing a Motion to Dismiss a Case
- Creditor Rights in Chapter 11 Cases
- Creditor Defense – Preference and Fraudulent Transfer Litigation; Violation of Stay Representation
Mr. Hansen’s Background
Few attorneys in San Diego have the breadth of bankruptcy experience possessed by Mr. Hansen. For the first 18 years of his practice, Mr. Hansen practiced with Estes, Hoyt and Hansen. He devoted 70% of his time to bankruptcy matters and 30% to state court litigation.
Estes, Hoyt and Hansen had a specialty in representing chapter 7 trustees. Mr. Hansen represented various chapter 7 trustees in several hundred bankruptcy cases. The firm and Mr. Hansen also represented creditors, landlords, examiners, committees and just about anyone else who plays a role in bankruptcy.
After opening his own law firm, Mr. Hansen expanded his creditor practice and began representing debtors.
Creditor Rights – Filing of a Claim
If it appears to the bankruptcy trustee handling a case that there may be assets, the Clerk of the Court will serve a claims bar date along with a claim form.
The Court has done its best to simplify the filing of a claim. If you have a question, you may call Mr. Hansen at no charge.
Creditor Rights – Filing a Nondischargeability Action against a Debtor
After an individual files for bankruptcy, a creditor may file a lawsuit in the bankruptcy court relating to the discharge of the debtor. There are two different types of actions. The first type asks the court to declare that the creditor’s debt (and no other debt) is not discharged. While there are several, distinct grounds for nondischargeability of a single debt, most relate to situations where the debt arose from a bad act by the debtor.
The second type of nondischargeability action asks the court to declare that all of a debtor’s debts be declared nondischargeable. The policy underlying this creditor right is that the debtor has undertaken acts that have hurt all creditors.
Mr. Hansen has filed and prosecuted many nondischargeability actions.
Creditor Rights – Filing a Motion to Dismiss a Case
There are various grounds a creditor can employ to ask the court to dismiss a case. If the court dismisses a case, the creditor can then continue with debt collection and other creditor remedies in state court.
Creditor Rights in Chapter 11 Cases
Mr. Hansen has represented almost every conceivable type of creditor in chapter 11 cases. This includes landlords, lessors of farmland, secured creditors like banks and car dealerships, governmental entities, utilities, unsecured creditors, purchasers of property from a trustee or debtor in possession, buying and selling of claims, judgment collectors, and Official Committees of Unsecured Creditors.
Mr. Hansen represented the City of Calexico (and its then existing Redevelopment Agency) as the White Nights in the Chapter 9 case of Heffernan Memorial Hospital.
In the pending PG&E consolidated, chapter 11 bankruptcy cases, Mr. Hansen represents the Imperial Irrigation District (a utility with special rights under the Bankruptcy Code) and an insurance company seeking recovery on its subrogation claims.
Because of his experience with the local bankruptcy bench and bar, Mr. Hansen can pick up the phone or send an email and get something done from day one.
Any creditor would be hard pressed to find a local attorney with Mr. Hansen’s abilities, experience and qualifications, who charges less than his $300 an hour rate.
CREDITOR DEFENSE – PREFERENCE AND FRAUDULENT TRANSFER LITIGATION; AND VIOLATION OF STAY REPRESENTATION
If you receive property from the debtor (usually money) within 90 days of the debtor’s bankruptcy filing, a trustee may demand you pay it back. The trustee is attempting to recover a “preference.” On occasion, a trustee will contend that within two years of filing bankruptcy you received something from a debtor without paying or paying enough. The trustee seeks to recover the property as a fraudulent transfer. Mr. Hansen has prosecuted and defended hundreds of preference and fraudulent transfer lawsuits.
The most common mistake made by creditors relating to bankruptcy is their violation of the automatic stay or discharge injunction. Mr. Hansen defends against these claims.
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3465 Camino Del Rio S, Ste 250
San Diego, CA 92108