Bankruptcy Litigation Lawyer
Although bankruptcy matters themselves are not prosecuted, debtors and creditors often find themselves in disagreement during negotiations. These conflicts can trigger litigation.
When this happens, having a local legal team is what you need. The Law Offices of Larry D. Simons serves residents in Los Angeles and Riverside counties.
Disputes in the bankruptcy process are called “adversary proceedings.” While they may resemble regular lawsuits, these matters are specialized. These cases are decided according to the Federal Rules of Bankruptcy Procedure, Local Bankruptcy Rules, and state laws.
Most bankruptcy cases will never enter a courtroom; the vast majority of debtors attempting to discharge their liabilities will not have to meet with a judge, or even sit face-to-face with their creditors. But in the rare situation your case does need to be litigated, you will need an experienced bankruptcy attorney on your side.
How is Bankruptcy Litigation Classified?
Courts separate litigation matters into two categories:
- Core matters stem directly from the bankruptcy case, and the bankruptcy judge will make the final ruling.
- Non-core matters are related to a bankruptcy filing but could have gone to court even if the bankruptcy case had not been filed. These can be heard by the bankruptcy court, but are usually referred to a state court or federal court.
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What Situations Could Lead to Litigation?
In California, there are a number of reasons a bankruptcy filing could lead to adversary proceedings.
Some examples are:
- A creditor alleges the debtor borrowed money with no intention of paying it back.
- A trustee alleges fraud in the bankruptcy filing.
- A trustee claims a debtor’s right to keep the contested property.
- A trustee alleges that a debtor transferred or gave away money or property before filing for bankruptcy.
One of the most common scenarios that give rise to an adversary proceeding is a creditor harassing a debtor who has filed for bankruptcy. Once bankruptcy proceedings are underway, it is illegal to attempt to collect on their debts. If a lender knowingly pursues collection from an individual in bankruptcy, they could owe damages.
“Damages” are the monetary settlement awarded to a party after a successful lawsuit. If you have filed for Chapter 7 or 13 bankruptcy, yet you are still being hounded by debt collectors, you could be entitled to compensation.
Did you Know? Bankruptcy was provided by our country's founding fathers in the constitution.
Experience, No Matter What Side You’re On
Whether you are the debtor or the credit holder, the defendant or the plaintiff, if the circumstances surrounding a bankruptcy filing are pushing you towards court, it is imperative that you obtain assistance from an experienced attorney.
At the Law Offices of Larry D. Simons, our litigation team is experienced with all facets of bankruptcy law. We have represented business clients from numerous industries in liquidation matters, reorganization cases and workouts.
Our bankruptcy attorneys represent asset purchasers, equity holders, secured creditors and unsecured creditors through all phases of the bankruptcy process. We can help you minimize losses to the fullest extent possible.
On behalf of debtors, we file claims and ensure that whether personal or business, we protect your rights and reduce your losses as much as we can.
Our lawyers can help you through filing proof of claims to obtain compensation from a bankruptcy estate’s proceeds as well as fighting – or enforcing – an automatic stay to protect your rights.
Throughout California, we’re known for our prowess and experience on behalf of plaintiffs and defendants in state and federal court bankruptcy cases and adversary proceedings.
Mission Hills and Riverside Bankruptcy Litigation Legal Specialists
Pursuing bankruptcy litigation without a specialized bankruptcy lawyer is a risky proposition. Not all lawyers are versed in every aspect of the law; if you choose to be represented by a lawyer who specializes in another realm, you could lose your suit. Your case could even be dismissed due to technicalities or small errors.
If your bankruptcy proceedings are heading to court, protect yourself by choosing the best attorney to represent you. Find out how we can help you by speaking with one of our bankruptcy Certified Specialist attorneys right now.