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Creditor's Rights

Julio Zapata has substantial litigation experience which includes prosecuting forcible entry and detainer actions for commercial landlords and special detainer actions for residential property owners. Zapata's practice includes commercial collection and enforcement actions, pre-judgment remedies (replevin, attachment and garnishments), trustee sales, deficiency actions, motion trial work, and post-judgment remedies (including garnishments, attachments, fraudulent transfers, etc.).

Representative Cases

  • Represented defendants in numerous bankruptcy adversary proceedings, including avoidance actions and in pursuing non-dischargeability claims.

  • General representation of creditors in Chapter 11, 13 and 7 cases, including objections to exemptions and discharge, motions to convert or dismiss, preference and other avoidance actions.

  • Represented secured lenders in foreclosure actions, and in numerous facets of bankruptcy litigation, including relief from automatic stay, single-asset real estate cases, and sales free and clear of liens and interests.

  • Represented landlords and equipment lessors in forcible detainer proceedings, replevin actions, actions to collect rent, including remedies under Article 2A, and in bankruptcy matters, including actions to compel performance, assumption and rejection, assignment, adequate assurance of future performance and deemed rejection of leases and executory contracts.

  • Counseled numerous defendants in preference and fraudulent transfer proceedings in bankruptcy.

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