Practice/Industry Group Overview
Helping You Manage Your Bankruptcy Matters
We understand the importance of a strong bankruptcy recovery partner in order to maximize the return on your creditor investments and property. That’s why, at WWR, we’ve assembled a team of industry focused attorney professionals and support staff with the knowledge and experience to do more than just minimize loss in Chapter 7, 11 and 13 bankruptcies. Our WWR team will examine aspects of each file and manage the bankruptcy process to protect your interests in pursuing maximum recovery. Because of our comprehensive understanding of bankruptcy laws and procedures, our clients frequently look to us.
Our staff is directly involved in the bankruptcy process and is frequently called upon for guidance in determining what actions to take on a file and by our clients and conference sponsors to present programs on bankruptcy issues and trends. As a result of the large volume of bankruptcy files handled, we have daily interaction with judges, trustees and debtors' attorneys. WWR has earned the reputation for being aggressive, professional and honest, and as a result can often resolve matters without filing motions or engaging in lengthy proceedings. Our approach leads to success in obtaining a high number of reaffirmation agreements and voluntary surrenders of collateral. It also enables us to more effectively and efficiently process matters where fraud may be present.
Weltman, Weinberg and Reis Co., LPA provides comprehensive bankruptcy representation including, but not limited to the following areas:
- Attend 341 First Meetings
- Prepare Motions for Relief From Stay & Abandonments
- Prepare Proof of Claim
- Reaffirmation Agreements
- Defense to Redemption Actions
- Prepare Proof of Claim
- Preference Defense
- Obtain Adequate Protection Orders
- Review disclosure Statements & Plans for Objections
- File Proof of Claim
- File Objections to Confirmation
- Review Plan Treatment
- Monitor Cases for Payments, Discharge & Dismissals
- Prepare Motions for Relief From Stay
Using Technology To Drive Your Claims Management
Similar to our collection operation, we have fully utilized technology in order to receive daily updates on bankruptcy filings and provide reporting and follow-up to our clients. All WWR files are subject to daily review by automated bankruptcy information services to facilitate the monitoring of case filings, discharges and dismissals. We are online with PACER, national trustee databases, and all courts - enabling us to automatically review case statuses. Clients can communicate with our staff or transfer files and data via Lenstar and other data delivery databases.
Collection Mentality Helps Your Recovery Performance
Since our inception in 1930, WWR has integrated the collection and legal process to maximize recoveries for our clients. We are able to undertake representation at any stage of delinquency regardless of status of the account. Unlike many firms that treat the handling of bankruptcy matters as legal issues, we approach them as combined legal and collection issues. We utilize a collection mentality when negotiating a reaffirmation agreement, constantly seeking employment and other information to ensure we can obtain the largest possible recovery.
Managing Your Portfolio Is Key to Our Success
WWR has created customer software programs to aid in the assignment and reporting of bankruptcy files. Work is assigned to the appropriate office by strength and relationship with local counsel, courts and Trustees, along with geographic location. Once set up, files are run through Banko/Lexis Nexis and other 3rd party partners to update bankruptcy information. The Proof of Claim deadline and last date to object to dischargeability of debt due sets account prioritization, followed by the timely filing of claims and reaffirmation agreement. When the situation arises necessitating that a file be forwarded to local counsel outside of our WWR footprint, we forward the information to pre-certified local counsel and obtain a signature of confirmation within 24 hours. Out-of-state files are then monitored to ensure pleadings are filed, hearing and objection dates are set and reports and billings are processed, all transparent to our clients.
At WWR, When It Comes to Bankruptcy, We Get It.
We know how important it is for you to manage your business and bankruptcy needs. At WWR, our goal is simple – to offer each client a thorough, focused and highly effective recovery strategy while minimizing exposure on bankruptcy matters that directly effect your business performance and debt recovery.
Learn More About Our Specialty Bankruptcy Services
- Commercial Bankruptcy
- Consumer Bankrutpcy
Articles Authored by Lawyers at this office:
Is Your Tuition Receivable Discharged in Your Debtor's Bankruptcy?
Joseph M. McCandlish, March 31, 2014
This is not always a simple answer. The answer to whether or not your tuition receivable is discharged in your debtor's bankruptcy may depend on two issues: (1) the factual scenario the student became liable for the tuition debt; and (2) the court jurisdiction where the student filed bankruptcy.
Timing Matters When Sending HUD Occupied-Conveyance Notices
David Cliffe, March 25, 2014
With the ever increasing focus on collection and recovery from compliance, lenders, in their oversight capacity of the law firms handling their portfolios, are making deeper inquiries into their practices and procedures. One formerly esoteric area is the firm's policy for complying with HUD notice...
1099C: Is a Creditor’s Ability for Future Collection Impaired?
Keri Ebeck, March 06, 2014
The Internal Revenue Service (IRS) has promulgated Section 1.6050P-1 of Title 26 of the Code of Federal Regulations. Under 26 C.F.R. §1.6050P-1(a), “any applicable entity...that discharges an indebtedness of any person ....of at least $600 during a calendar year must file an information...
Alan C. Hochheiser, March 06, 2014
I recently had the opportunity to attend a presentation by the Deputy Director of the Consumer Financial Protection Bureau (CFPB) while attending a conference. I went into the presentation with an open mind, hoping that the Deputy Director would extend a part of an olive branch to those involved in...
Hanging Paragraph of §1325: What Is Not Included?
Keri Ebeck, March 06, 2014
If a debtor purchases a new vehicle and thirty days later files a Chapter 13 bankruptcy, should the debtor get the benefit of the substantial depreciation of the vehicle's value? No, the addition of the Hanging Paragraph of §1325 was designed to prevent this type of perceived abuse by debtors.
§363 Sales: Review of the Courts’ Authority and Ability to Sell Free and Clear
Keri Ebeck, September 30, 2013
The ability of the trustee to sell assets in a debtor’s bankruptcy is essential to the bankruptcy estate. These types of sales within the bankruptcy courts allow the trustee to sell assets free and clear of any interests to the buyer, in order to pay creditors that may not otherwise be paid...
Alan C. Hochheiser, September 30, 2013
The Government’s involvement in bankruptcy matters is now more evident than ever. Whether it is the Federal Government’s sequestration policy, the Consumer Financial Protection Bureau, The Supreme Court or The Justice Department’s involvement in major airlines mergers, it will...
Forbearance Agreements and Bankruptcy
David Brown, September 30, 2013
Unfortunately, even the most careful and thorough lenders encounter default situations from time to time. The appropriate response is heavily dependent upon the factual background of the particular loan at issue. Loan modifications, repayment plans and legal action may all be appropriate...
Maybe You Can Strip It Off or Down, But You Can’t Void That Lien
Monette Cope, September 30, 2013
In the ceaseless quest to eliminate liens, debtors in both Chapter 7 and Chapter 13 recently challenged the Supreme Court’s decision in Dewsnup v. Timm and attempted to void partially or wholly unsecured liens under Section 506(d) of the Bankruptcy Code. Previously, it was unclear whether...
New Senate Subcommittee Hits the Ground Running
Jon J. Lieberman, September 30, 2013
On July 23, 2013, the United State Senate Judiciary Committee’s newly-created Subcommittee on Bankruptcy and the Courts held one of its first hearings of national import. Entitled “Sequestering Justice: How the Budget Crisis is Undermining Our Courts”, the session featured...
New State Lien Statute in Ohio Impacts Procedure in New and Pending Foreclosures
David Cliffe, September 27, 2013
Commencing September 29, 2013, Revised Code Section 2329.192 regarding the treatment of all state liens in Ohio foreclosure cases takes effect. The intent of the statute, passed last June with the blessing of the Ohio Attorney General as part of House Bill 59, was to reduce the inefficiencies...
Illinois County Recorders May Now Investigate Fraudulent Documents
Carolyn Artus, September 26, 2013
On July 19, 2013, the Governor of Illinois signed a new law to combat property fraud, effective immediately. The law provides that a county recorder may establish a "fraud referral and review" process for deeds and instruments that the county recorder reasonably believes may be...
Mortgage Execution and Legal Descriptions in Ohio: Important Points to Remember
James Todd, September 26, 2013
The recent foreclosure crisis in Ohio has brought the state's courts to the national forefront of consumer mortgages and their enforceability in various situations, due in part to consumer foreclosure defense attorneys continuously exploring different legal avenues of foreclosure defense.
The Treatment of Delinquent Utility Bills in a Bankruptcy Petition
Milan Kubat, September 26, 2013
It is very common for debtors to fall behind on utility payments as they prepare to file for bankruptcy. The more difficult a debtor's financial situation gets, the more likely it is that those types of payment obligations will either get lost in the shuffle of the debtor's financial morass, or...