260-424-2790 260-424-2790

Bankruptcy and Creditors’ Rights Law Firm Serving Indiana

For almost twenty years, Kos & Associates has specialized in providing sensible, cost-effective legal representation to financial institutions, businesses and individuals in creditors’ rights actions filed in state, district and bankruptcy courts across Indiana.  Although the majority of our cases are in Allen County, we regularly represent banks and other creditors in state court collection matters in surrounding counties, including the following:

  • Adams
  • DeKalb
  • Fulton
  • Howard
  • Kosciusko
  • LaGrange
  • Miami
  • Noble
  • Steuben
  • Wabash
  • Wells
  • Whitley

Matters are also regularly taken in Marion, St. Joseph, Lake and other counties throughout Indiana. Our attorneys also represent clients in federal court matters, including cases filed in district and bankruptcy courts located in the Northern and Southern Districts of Indiana.

Collection Matters

From sending initial demand letters to hammering out the details of forbearance agreements, Kos & Associates is a full-service creditors’ rights firm with attorneys that will use their extensive collection law experience to maximize the amount collected on your behalf from delinquent borrowers.  Call us at (260) 424-2790 if you require legal assistance with the following:

  • commercial and consumer debt collections
  • mortgage foreclosures
  • personal property repossession and
    liquidation
  • loan workouts
  • receiverships
  • landlord/tenant matters
  • mechanic’s liens
  • foreign judgment domestication and collection

We can also provide advice regarding the Uniform Commercial Code (UCC), Uniform Consumer Credit Code (UCCC) and Fair Debt Collection Practices Act (FDCPA), including specific actions that you and your company can take to ensure that you are in compliance with the provisions of those laws.  Furthermore, if you are faced with an action regarding an alleged FDCPA violation or other lender liability issue, contact Kos & Associates to discuss potential defenses to those claims.

Bankruptcy Matters

A significant part of our practice involves representing secured and unsecured creditors in bankruptcy court matters.  Our experience also includes acting as counsel for creditors’ committees and bankruptcy trustees.

If you receive a notice of bankruptcy from a company or person who owes you money, contact Kos & Associates to discuss your rights.  Although the automatic stay may temporarily halt your collection efforts, our attorneys are well-versed in the Bankruptcy Code and can act quickly to take the steps necessary to advance your claim.  In addition to attending Section 341 meeting and other court proceedings on behalf of our clients, we regularly prepare and file the following documents with the Bankruptcy Court:

 

Chapter 7 and Chapter 13

  • proofs of claim
  • reaffirmation agreements
  • objections to various pleadings, including
    other creditor claims, claimed
    exemptions by debtor(s), and
    confirmation of Chapter 13 plans
  • motions for relief from the automatic
    stay and for abandonment of real estate
    or property
  • adversary proceeding pleadings, such as
    dischargeability complaints and defense
    of preference claims
Chapter 11 and Chapter 12

  • proofs of claim
  • motions for allowance of administrative expense
    claims
  • motions for relief from the automatic stay and
    for abandonment of real estate or property
  • other pleadings, including motions for adequate
    protection, motions to convert or dismiss,
    motions to appoint trustee, and various
    responses and objections to motions filed by
    trustees, debtors-in-possession and other
    parties in interest
  • adversary proceeding pleadings, including
    preference defenses
We also offer other related services.  For example, if you are interested in purchasing bankruptcy estate assets, we can assist you with the negotiation and acquisition of those assets.  Contact us to learn more.

Our Experience Extends Beyond the Courtroom

Our attorneys are actively involved in sharing their bankruptcy and collection law knowledge with our clients and fellow members of the Bar. Edmund Kos and David Mustard conduct, as well as attend, various seminars concerning the impact of collection and bankruptcy laws on creditors. Visit our seminars page to see a list of recent seminars conducted by our firm, as well as our upcoming speaking engagements.

Edmund Kos is also a former editor of bankruptcy newsletters, including the American Bar Association’s General Practice Section’s and Bankruptcy Committee’s newsletters, the Indiana State Bar Association Bankruptcy Section’s newsletter, the “Order for Relief”, and the Allen County Bar Association Bankruptcy Section’s newsletter, the “Disclosure Statement”. His associate, David Mustard, is a current co-editor of the “Disclosure Statement”.

Kos & Associates has also conducted training programs for banks, credit unions, utilities and agricultural companies. If you would like our attorneys to speak at your seminar, develop a training program, or write a guest article for your publication, please contact us to discuss your proposal.

Call Our Full Service Creditors’ Rights Law Firm Today

Call Kos & Associates today at (260) 424-2790 or contact our office online.