Not everyone can navigate the complexities of the automobile finance industry. Douglas D. Koktavy, P.C., a litigation leader in the auto finance industry, champions creditor rights.
At Douglas D. Koktavy, P.C., our team of creditor rights attorneys represent finance companies, national banks, and auto finance lenders, servicers, and holders. Our team focuses on dealer finance relationships and advises financial institution creditors on financing regulations and compliance matters. We advocate for the needs of our clients by enforcing and upholding banking and financing laws.
○ Vehicle leases and collateral
○ Force-placed insurance
○ Interest rate spreads
○ Installments sales contracts
○ Credit reporting
○ Debt collection
At Douglas D. Koktavy, P.C., in Denver, Colorado, we represent creditors. We understand that the automobile finance battle is already costly and time-consuming. For that reason, we offer bankruptcy representation at a flat rate to auto lenders, servicers, and holders.
Because we know that time is of the essence when it comes to court filings and litigation practices, we provide same-day services to take immediate action on motions, objections, and other bankruptcy issues. We work to collect deficiency accounts successfully and bring suit when needed. If you are over-taxed by efforts in the collection of debts, do not hesitate to seek professional legal advice.
Denver bankruptcy courts are inundated with debtor motions requesting automatic stays to prevent collection efforts. As a result, the courts are concerned with generic and unsubstantiated requests for relief from stays by Colorado creditors.
The process to continue collecting on an obligation after a stay, forbearance, or bankruptcy judgment has been granted is an extremely difficult one. It is crucial to act quickly in advance of these actions and file timely objections to protect your rights as a creditor and recoup as much as possible. At Douglas D. Koktavy, P.C., our lawyers represent your needs and are prepared to help you take all necessary action. Our attorney finance litigation team is your voice in the courtroom.
The process of tackling the administrative filing process and adhering to court procedures takes a team of dedicated professionals. At Douglas D. Koktavy, P.C., our attorneys and paralegals work together to keep the legal filing process in continuous motion while striving to achieve a positive financial resolution for your business. You couldn’t ask for a more committed partnership.
Douglas D. Koktavy, P.C. has a demonstrated commitment and proven track record representing automobile finance companies and national banks for all creditor needs.
The firm routinely provides flat fee bankruptcy representation to automobile lenders, servicers and holders of retail installment contracts.
We provide same day service to established clients for motions for relief from stay (or lift of stay), objections and other routine bankruptcy matters.
Our team customizes specific forms for each client increasing speed and efficiency. We also maintain a blog in order to keep our lender clients advised of frequent changes to bankruptcy procedures and rules in real time.
When a person files for bankruptcy, an automatic stay is issued that stops all collection efforts, including lawsuits, garnishment, or attempts at repossession. Our attorney helps automobile finance lenders seek relief from stay so they may repossess and sell the debtor’s vehicle. Consider the following when seeking relief from stay in Colorado.
A Debtor must respond to a Relief from Stay (RFS) Motion or it will be granted. Therefore, the RFS procedure takes on almost a default judgment type of practice. The Colorado bankruptcy court is increasingly concerned about generic, conclusionary, unsubstantiated, RFS Motions. We recommend the following documents and information to address this concern:
Chapter 13 confirmation issues in Colorado are now on a fast track after the 2005 change to the Bankruptcy Code. A timely objection must be filed three (3) court days prior to the first meeting of creditors. It is critical to meet this deadline to preserve your rights in a Chapter 13 reorganization.
Adequate protection payments are now mandatory and may be distributed on a pre-conformation basis by the Chapter 13 Trustee. 1% of the amount owed on the date of filing is the presumptive amount. However, a creditor must file a proof of claim to receive adequate protection payments.
We are a full-service firm skilled in meeting all your automobile finance bankruptcy needs. Additional areas include:
The office successfully collects on deficiency accounts for automobile lenders. Our strategy is to immediately generate any form notices and bring suit. Our experience has proven the highest percentage of successful collection occurs through garnishment. We move your client files quickly through the system to accomplish this task.
Our paralegal staff is dedicated and skilled at keeping the paper flowing; renewing garnishments; perfecting liens; and disbursing, accounting, and reporting to clients on a monthly basis. We have had glowing feedback from clients on our collection procedures and results. Our clients appreciate the high degree of personal contact and interaction they enjoy with our staff.
Replevins are accomplished with the same speed. We customize a forms library for each client and each situation so we can quickly assemble the necessary paperwork. Extra steps, we have learned after years of experience, insure that the unit will be recovered once personal service is obtained. We have a separate tab discussing replevin in greater detail.
To contact Douglas D. Koktavy, P.C., for assistance with any debtor/creditor law or creditor services need,
call (303) 758-6601, ext. 104, or contact us online.