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
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 are other litigation that occur within the bankruptcy case but are treated less formally than adversary proceedings.
Common Issues Solved by Litigation
Discharge injunction violations
Objections to claims
Objections to discharge
It’s important to know that the vast majority of consumer bankruptcy attorneys do not handle much litigation.Our firm thrives on litigation and has a proven record of success in handling litigation cases within the Bankruptcy Court.
Sign up for our FREE bankruptcy guide and receive our monthly newsletter where we give updates on issues related to bankruptcy, credit, and debt.