Adversary Proceedings

We Help You Win Contested Matters And Adversary Proceedings

While many bankruptcy cases proceed straightforward to discharge (Chapter 7) or confirmation of a repayment plan (Chapter 13), there can be bumps along the road. This is the reason that you need a well-prepared, seasoned litigator by your side — to protect your property when the going gets tough and creditors, or the trustee, challenge your rights to it.

 “By failing to prepare, you are preparing to fail.”   — Benjamin Franklin

In some cases, creditors will file motions seeking to lift the automatic stay in order to attempt to foreclose on or repossess the property.  In other situations, creditors will seek to have debts declared as non-dischargeable based on allegations of fraud or other misconduct.  Circumstances may exist where a Trustee may seek to sell property that you want to keep or sue someone for an alleged preferential payment.  All of these situations are called “contested matters” — where a person contests or objects to what the other person or entity is seeking.

In bankruptcy, there are two type of contested matters.  The most typical consists of a creditor or Trustee filing a motion (a document asking the court to take some action) that you disagree with.  In such a case you or your attorney needs to file a written response objecting to the motion.  In most instances when this occurs the court will hold an initial hearing at which time the attorneys for the parties will argue the legal issues surrounding the motion, and the judge will then make a decision.  In some situations, the judge will determine that he or she needs to hear testimony from witnesses and will then set the matter for an evidentiary hearing where each side has the opportunity to present and cross-examine witnesses prior to the judge making a final decision.

The other type of contested matter is known as an “adversary proceeding.”  Essentially an adversary proceeding is a separate lawsuit within the bankruptcy case regarding an issue that arises from or is related to, the bankruptcy case.  Examples of adversary proceedings are when a Trustee sues someone to recover property (such as to avoid a preferential payment) or when a party sues to determine the ownership of property or the dischargeability of a debt.  In rare cases, where the debtor is involved in a lawsuit outside of bankruptcy, a party may move a case to the bankruptcy court and have it heard as an adversary proceeding.

If any of this happens in your case, you need to be represented by an attorney who is experienced and competent to handle these types of contested matters.

At the Metro Detroit Bankruptcy Law Group, we take pride in being able to zealously represent people in contested matters and adversary proceedings.  Our founder, Stuart Sandweiss, has litigated cases in both bankruptcy and non-bankruptcy courts for over 18 years and is passionate about representing people and defending their rights.  Unlike your typical bankruptcy attorney, Mr. Sandweiss is not afraid to stand up to a trustee or challenge a judge in order to protect his clients.  Over the years both judges and opposing attorneys have praised Mr. Sandweiss for his vigorous and unrelenting advocacy. In fact, years ago a federal judge issued an opinion chastising Mr. Sandweiss for putting his client’s interest ahead of his own in a bankruptcy case.  Recently an opposing attorney complimented him and commented — “He goes for the jugular and does not stop squeezing until there is no blood left.”

“He goes for the jugular and does not stop squeezing until there is no blood left.”  

— Opposing attorney

If you hire us we promise to use all the resources of our sister firm, the Metro Detroit Litigation Group, and do everything in our power to protect your rights and shield you from bankruptcy trustee’s whose interests are not aligned with yours, or from unsavory creditors whose mission is to trap you, attempt to take your property, and prevent you from getting the fresh start that you deserve.

Thus, if you need representation in an adversary proceeding or a contested matter in the bankruptcy court (even if we did not file your bankruptcy) we urge you to CALL US TOLL-FREE TODAY at 248-417-9800 or contact us online  to speak with an attorney who will take the time to help you and fight for your rights in order to help you get the desired results.

 

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