Bankruptcy Is Not a Pause — It Is a Deadline
When a borrower or obligor files for bankruptcy protection, the automatic stay immediately halts collection activity, foreclosure proceedings, and enforcement actions. For creditors who are unprepared, this pause becomes a loss — of collateral value, of priority, of the ability to enforce rights that existed before the filing. Nemovi Law Group represents creditors who understand that bankruptcy is not the end of a matter but the beginning of a new and time-sensitive legal process requiring specific expertise.
We appear in all four California federal bankruptcy districts — the Northern, Eastern, Central, and Southern Districts — and have experience in additional jurisdictions. Our creditor-side practice spans institutional lenders, mortgage servicers, credit unions, private lenders, landlords, and unsecured creditors with significant claim exposure. We do not represent debtors.
Effective creditor representation requires understanding the interaction between bankruptcy law and the underlying state law rights the creditor holds. A secured lender's rights in a California deed of trust, a Nevada junior lien position, or an unsecured judgment creditor's treatment in a Chapter 11 plan all require analysis that begins with state law and is layered with the Bankruptcy Code. We bring both dimensions to every matter.
What We Handle
Relief from Automatic Stay
Motions for relief from the automatic stay under 11 U.S.C. §362(d) to permit foreclosure, repossession, or other enforcement action against collateral. Includes adequate protection analysis and negotiation.
Proof of Claim
Preparation and filing of proofs of claim, including secured claim documentation, arrearage calculations, and response to objections filed by debtors or trustees.
Chapter 11 Plan Objections
Analysis and objection to proposed reorganization plans that impair creditor claims, strip liens, or fail to satisfy confirmation requirements under the absolute priority rule.
Chapter 13 Plan Confirmation
Review and objection to Chapter 13 plans that propose cram-down of secured claims, modification of mortgage terms, or improper treatment of arrearages.
Adversary Proceedings
Prosecution and defense of adversary proceedings, including nondischargeability actions (11 U.S.C. §523), lien avoidance actions, and preference and fraudulent transfer defenses.
Lien Stripping Defense
Opposition to debtor motions to strip or avoid junior liens on real property in Chapter 11 and Chapter 13 cases.
Adequate Protection Agreements
Negotiation and documentation of adequate protection arrangements providing secured creditors with ongoing protection of their collateral interest pending stay relief.
Post-Discharge Foreclosure Coordination
Resumption of foreclosure proceedings following discharge, dismissal, or stay relief, including coordination with foreclosure counsel and servicer compliance review.
The Work We Do
The following represent the types of matters we regularly handle. No client names or confidential information is disclosed.
- —Motion for relief from automatic stay filed on behalf of a secured lender in the Central District of California to resume non-judicial foreclosure on a defaulted commercial real estate loan.
- —Proof of claim filed and defended on behalf of a mortgage servicer in a Chapter 13 case, including opposition to debtor's objection to arrearage calculation.
- —Chapter 11 plan objection on behalf of an unsecured creditor with a substantial judgment claim, challenging confirmation on absolute priority grounds.
- —Adversary proceeding for nondischargeability of a debt arising from fraud under 11 U.S.C. §523(a)(2), including discovery and summary judgment briefing.
- —Defense of a preference action (11 U.S.C. §547) brought by a Chapter 7 trustee against a creditor who received payments within the 90-day preference period.
- —Opposition to lien stripping motion in a Chapter 13 case where a junior lienholder sought to avoid a second deed of trust based on disputed underwater collateral value.
- —Post-discharge foreclosure resumption following a Chapter 7 discharge, including compliance review and coordination with foreclosure team for notice and sale scheduling.