Ending a dispute that arose in 2005, TCLG recently recovered money owed to an equipment distributor by a debtor that has been in Chapter 11 bankruptcy for several years. Prior to seeking Chapter 11 protection the debtor had signed an equipment lease with the firm’s client that included a provision for payment of attorney’s fees. TCLG filed suit on behalf of the client in Adams County District Court, obtained a judgment, and promptly recorded it in a number of Colorado counties. The debtor filed bankruptcy more than 90 days after the judgment was recorded, so TCLG took the position that its client was a secured creditor in the bankruptcy and filed its Proof of Claim as a secured creditor. In 2009, when the Chapter 11 Trustee asked the U.S. Bankruptcy Court for permission to sell certain of the debtor’s assets free and clear of all liens, TCLG objected. To resolve the matter the Trustee agreed to pay the full debt owed to firm’s client, including attorney’s fees. Mark Cohen said the case demonstrates why a creditor must take quick legal action when it appears a debtor may be unable to pay its debts. Had TCLG not promptly filed suit, obtained a judgment, and recorded that judgment, it would not have been a secured creditor in the debtor’s bankruptcy.
Last Updated: November 3, 2024