Understanding the Rights of Creditors in Bankruptcy Matters
Understanding the Rights of Creditors in Bankruptcy Matters
Bankruptcy matters can be complex and confusing, especially for creditors. As a creditor, it's essential to understand your rights in the process to ensure that you receive the compensation you are due. At Roderick Linton Belfance, LLP, we understand that enforcing creditors' rights can be challenging, and we are here to help. In this blog post, we will break down some of the most important rights of creditors in bankruptcy matters.
The Automatic Stay

One of the most critical rights of a creditor in bankruptcy is the automatic stay. The automatic stay is a legal order that immediately halts any collection activity against the debtor. As a creditor, you are not allowed to contact the debtor for payment or file a lawsuit against them during the automatic stay. However, there are exceptions to this rule, such as if the creditor files for relief from the automatic stay.
Proof of Claim
As a creditor, you have the right to file a proof of claim. A proof of claim is a document that you file with the bankruptcy court explaining the nature and amount of your claim against the debtor. This document is crucial as it allows you to participate in the bankruptcy process and potentially receive payment.
The Right to Object
If you believe that the debtor's bankruptcy filing is not valid, as a creditor, you have the right to object. For example, if you believe that the debtor filed for bankruptcy fraudulently, you can object to the filing. Additionally, if you disagree with the debtor's proposed repayment plan, you can also object to the plan.
Secured Creditors
As a secured creditor, you have the right to file a motion for relief from the automatic stay. This means that you can ask the court to lift the stay, allowing you to take action to collect the debt. Additionally, if you have a lien on the debtor's property, you have the right to be paid before unsecured creditors.
Priority of Payments:
As a creditor, it's essential to understand the priority of payments in bankruptcy cases. Priority payments are payments that the debtor makes before making payments to other creditors. These payments are made to specific creditors, such as taxes or employees' wages. Understanding the priority of payments is crucial, as it can impact when and how much you receive in payment.
As a creditor, understanding your rights in bankruptcy matters is crucial to ensure that you receive the payment you are due. At Roderick Linton Belfance, LLP, we have years of experience representing creditors in bankruptcy cases. We can help you understand your rights and work to protect your interests in the process. Contact us today to schedule a consultation.



