Debt recovery proves to be the most problematic in cases of controlled bankruptcy. When the manager/the company owner choses to bring the organization to bankruptcy, thus freeing it of all debts, it is necessary to seek collection of funds through legal means. Aaron and Partners, LLC will render assistance to creditors fighting against this type of fraud and debt collection.
Means of Enforcement
There exist various instruments to deal with a falsified, controlled bankruptcy and stimulate recovery, including:
- corporate collection;
- legal collection;
- criminal prosecution of fraudsters for debts and debt falsification.
Economic stimulation techniques can also be effective in recovery of funds. Inflow of external funds through investment, consideration of problem assets or a change in debt structure may help. However, these are secondary and not always effective methods. The best means to bring proceedings to recovery are legal.
Legal Collection in Case of Bankruptcy
Aaron and Partners, LLC fights against controlled bankruptcy by activating means of legal collection. We prepare all objections and documents before the procedural action, otherwise our remarks will not be taken into account.
Our lawyers will help accomplish debt recovery through the following means:
dismissing the managing person of the indebted company in the course of court proceedings, and appointment of another manager chosen by the affected party (the creditor);
ensuring that the manager complies with the requirement to provide all information with regard to settlements followed by recovery proceedings in case of non-compliance;
lodging a complaint against the person responsible for provision of information about the collection of funds/impossibility of collection, in case of his or her inaction or failure to comply with the requirements specified in writing by the creditors engaged in debt recovery.
The debt recovery specialist shall pay attention to the following issues:
The debtor’s subsidiaries or similar organizations. If any, it is necessary to demand settlement, since one of the most common ways of deception is to transfer money to companies with the same owner. A corporate debtor appears in need of financing, while the funds are simply transferred to another company.
A document confirming the existence of debt. Its submission is mandatory, since an expert can easily disclose its falsification to avoid debt recovery.
Legality of the agreement on assignment of claims in case of a corporate debt. Verification of this document is necessary to avoid dealing with a falsified creditor or a fake loan agreement. If the date of debt repayment in this document coincides with the date of the agreement conclusion, or if it is executed on a non-repayable basis, falsification is evident.
Following a proper procedure of legal collection, law enforcement agencies will eventually express suspicions about the reality of bankruptcy, submit the case to the court, contributing to debt recovery.
Are you dealing with a falsified bankruptcy? Do you have trouble with debt repayment? Call us!
We will solve your debt collection problem sparing the creditor the trouble of paper chase. If you seem to have any problems with debt recovery, call Aaron and Partners, LLC for a quick and effective solution.