Lehighton & Carbon County Bankruptcy Litigation Attorney
Once a bankruptcy petition is filed, whether a consumer debtor or a business debtor, it creates a case arising under the U.S. Bankruptcy Code, which is a federal proceeding and is assigned its own case docket number with a federal bankruptcy court in the venue in which the case was filed. The main purpose of the bankruptcy case is to administer assets to creditors. Within the bankruptcy case, litigation can arise through the form of contested matters and adversary proceedings. These are essentially side proceedings that are designed to carry forward the administration of a bankruptcy estate. Lehighton & Carbon County bankruptcy litigation attorney Adam Weaver has experience with bankruptcy litigation and can assist you should you find yourself entangled in this complex area of bankruptcy law.
Contested matters tend to move rapidly, some with only 14 days to respond to a motion or objection served by a bankruptcy litigant. If no response is timely filed, that bankruptcy court may enter a default order granting the requested relief as if that motion or objection was never contested.
Common examples of contested matters include:
(a) motions to approve sales of real or personal property free and clear of liens and encumbrances;
(b) motions to approve a settlement or compromise;
(c) objections to a proof of claim;
(d) objections to a debtor’s claim of exemptions;
(e) motions to dismiss a bankruptcy case;
(f) motions to value collateral or property;
(g) motions to redeem personal property;
(h) motions to avoid judicial liens;
(i) motions for examination; and
(j) confirmation of a debtor’s proposed repayment plan to creditors in a reorganization bankruptcy case.
Contact Attorney Weaver immediately for a consultation should you find yourself involved as a party opponent in bankruptcy litigation to make sure you do not sleep on any of your rights in a pending bankruptcy case.
In addition to contested matters, bankruptcy court has what is known as adversary proceedings. These are more similar to civil litigation and permits discovery through a trial before either a Bankruptcy Court judge or U.S. District Court judge depending the nature of the suit. Most adversary proceedings are commenced by complaint filed by a bankruptcy trustee, debtor in possession, or an unsecured creditors’ committee as the party plaintiff, but may be filed by a creditor as well. A large portion of the adversaries are what are commonly known as Chapter 5 causes of action, which are proceedings to recover property in order to redistribute money to creditors in accordance with the priority of payment scheme under the Bankruptcy Code.
Common examples of adversary proceedings include:
(a) avoidance of preferences;
(b) avoidance of fraudulent conveyances;
(c) turnover of property of the bankruptcy estate;
(d) avoidance of post-petition transfers;
(e) avoidance of a security interest in property of the estate;
(f) objection to a debtor’s discharge; and
(g) determination as to the dischargeability of a particular debt.
Contact An Experienced Lehighton & Carbon County Bankruptcy Litigation Attorney Today
Call Attorney Weaver today at our Lehighton, Pennsylvania Office in Carbon County should you find yourself as a party defendant to an adversary proceeding. You may have defenses available to completely bar or partially offset against the relief sought after you in a bankruptcy court complaint. Attorney Weaver’s bankruptcy practice includes serving clients in Carbon County, Schuylkill County, Monroe County, Luzerne County, Pike County, Lehigh County, Northampton County, and Berks County.
