Debtor Litigation

"In a bankruptcy case, there is litigation that is classified as an "adversary proceeding". Some of the adversary proceedings that we handle are as follow:

Dischargeability Litigation: Dischargeability litigation is timely filing a complaint to determine the discharge of your particular debt. Your debt may be discharged, but if it was obtained by fraud, fiduciary misconduct (such as real estate broker or trustee in an estate or a spouse that uses retirement or community funds), or willful destruction of property. These types of debts are discharged unless the creditor files a complaint within 60 days of the meeting of a creditor or as set forth according to the bar dates. Our firm has a team of attorneys experienced in handling this type of litigation.

Objections to discharge: If an individual seeks to obtain a discharge in any type of bankruptcy proceeding, the creditor can object to the discharge for the debtors gaming the system. These specific bases are set forth in 11 USC Section 727

Interplay of state and federal bankruptcy litigation: Cases that have been filed previously in the state court and when a bankruptcy is filed, it stays the state court action. Relief from the stay would be needed to continue in the state court. Further, the state court case may be removed to the bankruptcy court and can be litigated there. It is important that when a bankruptcy is filed, you hire a professional to advise you on the interplay between the state and federal courts, to ensure that your rights are protected.