Bankruptcy Litigation

What is Bankruptcy Litigation?

Litigation is the term the legal system uses for the process of settling disputes between parties. It’s the process of taking legal action (lawsuits). While most consumer bankruptcy cases do not really involve any actual litigation, there can be a lot to fight over in a bankruptcy case. The possibility of litigation is what can often guide the parties and the process in resolving disputes, without having to have any formal litigation.

Bankruptcy Litigation Categories

Adversary Proceedings

An adversary proceeding is basically a lawsuit within the core bankruptcy case that follows rules of procedure substantially similar to the Federal Rules of Civil Procedure.

Contested Matters

Contested matters are other litigation that occur within the bankruptcy case but are treated less formally than adversary proceedings.

Common Issues Solved by Litigation

  • Autostay violations
  • Discharge injunction violations
  • Objections to claims
  • Objections to discharge
  • Fraud
  • Fraudulent transfers
  • Preferences
  • Confirmation
  • And more

Looking for bankruptcy litigation?

It’s important to know that the vast majority of consumer bankruptcy attorneys do not handle much litigation. and has a proven record of success in handling litigation cases within the Bankruptcy Court.