Put Experience On Your Side. Call Today.
678-701-9235

Pay Bill
  • Home
  • Our Law Firm
    • Leon S. Jones
    • Cameron M. McCord
    • Leslie M. Pineyro
    • Eric Breithaupt
    • Thomas T. McClendon
    • Mark Gensburg
    • T. Alec Chappell
    • Adam Ekbom
    • Bethany Vinup
    • Robert Warren
    • Tina Bhatt
    • Kaitlyn Carannante
  • Practice Areas
    • Business Bankruptcy And Restructuring
    • Business Law
    • Creditors’ Rights Representation
    • Intellectual Property
    • Real Estate
  • Results
  • Resources
  • Blog
  • Contact

Call Us 678-701-9235

  • Home
  • Our Law Firm
    • Leon S. Jones
    • Cameron M. McCord
    • Leslie M. Pineyro
    • Eric Breithaupt
    • Thomas T. McClendon
    • Mark Gensburg
    • T. Alec Chappell
    • Adam Ekbom
    • Bethany Vinup
    • Robert Warren
    • Tina Bhatt
    • Kaitlyn Carannante
  • Practice Areas
    • Business Bankruptcy And Restructuring
      • Bankruptcy Appeals
      • Chapter 7 Bankruptcy
      • Chapter 11 Bankruptcy
        • Subchapter V Bankruptcy
      • Chapter 12 Bankruptcy
      • Debt Relief Alternatives
      • Litigation
      • Small Business Bankruptcy
    • Business Law
      • Business Succession Planning
      • Business Litigation
      • Commercial Business Sales & Asset Purchase Agreements
      • Commercial Loan Closings
      • Corporate Dissolution
      • Corporate Formation
        • Corporations
        • Limited Liability Companies
        • Partnerships
        • Startup Businesses
      • Mergers And Acquisitions
      • Partnership & Shareholder Agreements
      • Receiverships
    • Creditors’ Rights Representation
      • Commercial Collections
      • Commercial Landlord Matters
      • Foreclosure
      • Fraud And Fraudulent Transfer Litigation
      • Loan Enforcement
    • Intellectual Property
      • Copyrights
      • Trademarks
    • Real Estate
  • Results
  • Resources
  • Blog
  • Pay My Bill
  • Contact

Turning Challenges Into Solutions

Can you collect on a debt if someone declares bankruptcy?

On Behalf of Jones & Walden LLC | Sep 3, 2024 | Creditor Representation

The United States economy is built on one party providing a good or service to another party with the expectation of compensation. More expensive items may take a little longer to make full compensation.

Business owners understand this and are sometimes willing to allow the individual to make payments until the item is paid for in full. But what happens when the payments stop and the debtor declares bankruptcy?

The domino effect of bankruptcy

Debtors often declare bankruptcy to seek relief from overwhelming financial obligations. However, this relief can create a chain reaction and significant challenges for creditors. Bankruptcy can disrupt a creditor’s cash flow. When expected payments cease, the creditor may have difficulties meeting their own financial commitments, such as paying suppliers, employees and utilities. 

Bankruptcy typically falls under two categories:

  • 1. In a Chapter 7 bankruptcy, a debtor’s non-exempt assets are sold off to pay creditors. However, Georgia has exemption laws that protect some assets. Once the bankruptcy is discharged, most remaining unsecured debts are eliminated, meaning creditors may receive little to nothing.
  • 2. A Chapter 13 bankruptcy is known as a “reorganization bankruptcy.” Debtors propose a repayment plan, typically three to five years long, to repay all or part of their debts. Creditors may receive a portion of what they are owed over the duration of this plan, but they have a better chance of recovering some funds compared to Chapter 7. 

While bankruptcy provides debtors with protection and a fresh start, creditors do have some avenues available:

  • To participate in any distribution under both Chapter 7 and Chapter 13 bankruptcies, they must file a proof of claim. 
  • Once bankruptcy is filed, an automatic stay immediately halts most collection activities. However, creditors can petition the bankruptcy court for relief from the stay. 

Collecting a debt from someone who declared bankruptcy involves navigating the bankruptcy court system. Creditors have specific rights, so discuss your situation with someone who can help protect their interests.

Categories

  • Bankruptcy
  • Business Formation And Litigation
  • Creditor Representation
  • Estate Planning And Administration
  • Intellectual Property
  • Real Estate Law
  • Uncategorized

Archives

Recent Posts

  • 3 details you may overlook while signing a commercial lease
  • When a Georgia healthcare practice should consider bankruptcy
  • Understanding prescriptive easements in Georgia
  • 3 ways to raise money for a start-up
  • Filing Chapter 11 for an organized, optimized wind down

Get In Touch With Us

Atlanta

699 Piedmont Ave NE
Atlanta, GA 30308

Atlanta Office

Contact Us

Phone: 678-701-9235
Fax: 404-564-9301

  • Follow
Review Us
Pay My Bill

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

© 2026 Jones & Walden LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw