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Bankruptcy Litigation

 We enjoy the challenge involved in handling contested bankruptcy disputes.  We handle all types of bankruptcy litigation including the following common types of disputes:

Discharge and Dischargeability Contests. We represent both debtors and creditors in the prosecution and defense of discharge and dischargeability contests. A discharge contest is a claim filed by a creditor or bankruptcy trustee asserting that a debtor should be prevented from obtaining a discharge of all of his debts due to the debtor’s misconduct. A dischargeability contest is a claim filed by a creditor asserting that a particular debt owed to the creditor should not be discharged due to:

(1) misconduct committed by the debtor related to the debt (usually fraud, breach of fiduciary duty, theft, conversion, or willful injury to a person or his property); or

(2) the status of the debt (for example certain tax debts, student loans, and alimony and support obligations).

Preference Claims. We represent creditors in the defense of preference claims. A preference is a claim asserted by a debtor (or his bankruptcy trustee) asserting that a pre-bankruptcy payment made by the debtor to one of his creditors constitutes an unlawful preferential payment and should be returned to the debtor or his trustee.

Fraudulent Conveyance Claims. We represent debtors and third party purchasers in the defense of fraudulent conveyance claims. A fraudulent conveyance is a claim filed by a bankruptcy trustee or creditor against a debtor or third party purchaser attempting to void (undo) a transfer of property by a debtor to the third party.  To succeed, the creditor or trustee must prove that the property was transferred with an intent to avoid payment of a debt owed to the creditor, or was made for an unreasonably low consideration.

Home Mortgage Litigation. We represent both debtors and creditors in the prosecution and defense of home mortgage claims – claims that a home mortgage debt is inaccurate or is being improperly collected.

Automatic Stay Violations. We represent both debtors and creditors in the prosecution and defense of automatic stay violations. The automatic stay is a law which requires creditors to immediately stop all activity to collect any debts owed by the debtor.  The “stay” goes into effect immediately when a debtor files a bankruptcy case. An automatic stay violation is a claim filed by a debtor against a creditor asserting that the creditor violated the stay by illegally attempting to collect a pre-bankruptcy debt after the debtor filed for bankruptcy.