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Yiwu Mode E-Commerce Co Ltd v. The P'ships, et al. 1:24-cv-00683 (NDIL)

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Collections And Creditors’ Rights Advocacy

Our experienced and dedicated attorneys are ready to provide pragmatic counsel and aggressively serve creditors with pursuing debts in commercial and bankruptcy actions.

Our attorneys at AU LLC have extensive experience collecting against delinquent invoices and contract accounts for individuals and businesses.

Judgment Collection

Whether we obtain a judgment or the client has previously done so, converting the judgment into payments occurs through (i) voluntary payments by the debtor and/or (ii) post-judgment proceedings, which are conducted to attach:

  • Bank levies: When served upon the debtor’s bank, available funds are turned over that day, though they can be re-performed if available funds are insufficient.
  • Wage garnishments: Where the debtor is an individual, their employer is ordered to withhold certain funds (subject to limitations) from periodic payments and instead turn those over to the creditor.
  • Payment processors: The debtor’s business’s cash flow and funding sources may be frozen and liquidated.
  • Liens: For debtors’ real estate assets, liens may be recorded against those assets to prevent those assets from being transferred. Sometimes, it is appropriate and necessary to force the sale of real estate and associated tangible assets.

Our proven strategies, coupled with relentless advocacy, set the stage for successful debt recovery.

Background Verification

We use the latest and broadest data and analytical tools to conduct background investigation, employment and residence verification, and skip-tracing activities to predetermine the merits of pursuing debtors. Considerations as to whether a debtor should be sued include:

  • whether the debtor company is dissolved or close to dissolving; and
  • whether the debtor company is subject to existing tax liens, secured interests, judgments, or bankruptcy protection; and
  • whether individual owners have personal guaranties of debtor-company obligations and can be located or have adverse personal exposure (e.g., mortgages, divorce / medical matters, bankruptcy).

We are committed to leveraging the latest tools and insights, ensuring informed decisions in our pursuit of debtors.

Collaborative Partnerships For Success

Our AU LLC business lawyers foster close collaboration with clients’ in-house counsel or representatives, ensuring transparent communication regarding all investigation, litigation, and collection efforts. As a testament to our commitment to client engagement, appropriate cases may grant clients access to [FIRM-NAME-1]’s client dashboard for real-time updates on case files and status. We can help you navigate challenging situations, including:

Litigation And Enforcement

In the face of stubborn debtors and favorable collection prospects, we initiate suit in state or federal courts, handling the large majority of court activity without substantial client involvement.

Formal Demands

Prior to initiating the suit, we formally request and encourage debtors to pay disputed amounts, including, without limitation, through payment plans as appropriate.

Fee Structure

– Fees are contingent (generally, 25-33%) upon successful collection (i.e., if we do not collect, there is no fee).

– Collected funds are maintained in our trust account and disbursed promptly.

Collecting Debts Despite Bankruptcy

Some debt is simply “bad,” and we will not waste client resources chasing lost causes. However, we will assert your rights as a creditor under the Bankruptcy Code and exhaust worthwhile avenues to recover any available money or collateral. We can maximize recovery through, without limitation, seamlessly transitioning from civil collections action to the following:

Section 341 Meetings

We will attend a Section 341 meeting – with other creditors before the trustee – to gather information and explore the overall potential for recovery in the bankruptcy action.

Executory Contracts

Where the debtor acknowledges and assumes performance under an executory contract (e.g., leases, development contracts, IP licenses), the debtor may be required to make “cure” payments.

Proof Of Claims

We identify all secured claims and timely file proofs of claim to ensure priority over unsecured debts.

Identifying Fraud / Adversary Proceedings

Where a debtor attempts to defraud the Court by, for example, wrongfully transferring money to avoid paying creditors, we may adversary proceedings to extract particular debt from bankruptcy and pursue collecting on it outside bankruptcy court.

Our comprehensive approach empowers creditors to navigate the intricacies of bankruptcy, safeguarding their interests and potential recovery.

Take Control of Your Collections Journey

Ready to reclaim what’s rightfully yours? Our seasoned team at AU LLC is here to navigate the complexities of debt recovery on your behalf. Whether you’re dealing with stubborn debtors, navigating bankruptcy challenges, or seeking comprehensive legal support, we’ve got your back. Let us turn the tide in your favor. Contact us today at 312-900-9426 or complete this online form to initiate a conversation. Your path to successful collections starts here.