Representation of creditors in foreclosure, replevin, and bankruptcy.

On behalf of creditors, Dunlap & Nesmith files lawsuits and seeks court judgments on money owed. We also enforce judgments through bank or wage garnishments, assist with secured debt through foreclosure and replevin, and represent creditors during bankruptcy proceedings. Roberta Dunlap has provided legal help to creditors in Evansville, Indiana, and Kentucky since 1988. She served as Chapter 7 Panel Trustee, Western District of Kentucky Bankruptcy Court for over 16 years, and has done presentations and seminars to local credit groups on the topics of collections and creditors rights.


Both Indiana and Kentucky require judicial foreclosure.


Kentucky allows a borrower to redeem the property up to one year after the sale provided the bid is less than two-thirds (2/3) the amount of the Court’s appraisal of the property. The creditor may seek a deficiency judgment to recoup the difference between the foreclosure price and the original sale price.


The redemption period in Indiana is three (3) months from the date of filing of the lawsuit, and longer, if the mortgage was executed before 1975. If the property is residential and abandoned, the judgment can be executed on and a sale date set upon entry of the judgment. A debtor can waive service of process in the lawsuit, but acceptance of such a waiver by the lender bars the lender from seeking a deficiency judgment to recoup the difference between the foreclosure price and the original sale price.


In replevin, the court issues a writ that orders repossession of property. We obtain writs of replevin on behalf of creditors for automobiles, real estate, appliances, and other property. Repossession is based on self-help law and does not require a writ to repossess the property. The advantage in using a writ of replevin is that if the borrower tries to stop repossession of the property, he or she violates a court order. Writ violations can lead to contempt proceedings and other court actions to enforce the order.

Creditor bankruptcy proceedings

The federal bankruptcy code protects creditors’ rights in bankruptcy proceedings, and there are a number of legal actions we can take to help you get paid. We challenge the debtor’s rights by filing an action, such as the following:

  • Adversary proceeding
  • Relief from stay
  • Non-dischargeability
  • Fraudulent conveyance
  • Preference litigation
  • Lien avoidance