Creditors’ Rights & Defense of Avoidance Actions and Preferences

At The Law Office of James Tobia, LLC, we defend creditors, both small and large, against bankruptcy preference and related avoidable transfer claims. We have represented various types of bankruptcy creditors across the country.

If you are in business long enough, you will encounter customers who file for bankruptcy protection under the United States Bankruptcy Code. That may result in your business being owed money by the Debtor. You may also receive a demand letter and/or be served with a suit regarding an allegedly preferential payment to your business. That’s right -- your business already may be suffering from the financial stresses which result from your customer’s bankruptcy filing and now your business is faced with a claim that you owe money. We understand that if you have recently received a demand letter or complaint, you are probably struggling to understand how it can be possible, let alone knowing how to respond.

The Law Office of James Tobia, LLC has extensive experience representing businesses as creditors in bankruptcy cases and in Avoidance and Preference actions brought in the United States Bankruptcy Court for the District of Delaware. We can help protect your business and management from the strain of such events, by assisting your business navigate through this complicated process so as to limit the potential, direct financial impact of the claim and the immediate, less direct impact of draining time and focus from management. We endeavor to free our clients from the claim as quickly as possible and at the lowest total cost by presenting defenses to the opposing party as early as possible.

If you have received a demand letter or complaint, email or call the firm’s Wilmington offices directly at (302) 655-5303 to schedule a free initial consultation. We can discuss the circumstances and share with you our initial observations at no charge.