Bankruptcy Litigation In General

Frequently, the bankruptcy cases we file on behalf of our debtor clients may involve litigation with creditors or the trustee. Prior to filing any bankruptcy, we advise our individual and business clients about the risk of litigation and help our clients determine whether the risk outweighs the anticipated creditor problems that may arise if the bankruptcy is not filed. On the creditor side, we represent creditors who seek to challenge a debtor’s bankruptcy. The benefit to the creditor is the opportunity to continue its collection efforts if the creditor prevails in the litigation. We also represent bankruptcy trustees in litigation matters. To follow are a few examples of the bankruptcy litigation matters which arise in the bankruptcy context.

 

 

 

  • Objections to exemptions
  • Objections to discharge
  • Objections to the dischargeability of a particular debt
  • Objections to the confirmation of a reorganization plan
  • Fraudulent transfer claims
  • Preference claims
  • Successor liability
  • Officer/director liability
  • Declaratory judgment actions
  • Injunctive relief
  • Section 363 asset sales
  • Assumptions, assignment and rejection of contracts
  • Motions for relief from stay
  • Motions to value collateral
  • Motion to dismiss the bankruptcy case as being filed in bad faith