Section 523 and Section 707 Complaints
Los Angeles attorney fights disputes against debtors’ discharges in bankruptcy
At the Law Offices of Michael Jay Berger in Beverly Hills, we have 40 years of experience assisting Southern California businesses and individuals in bankruptcy matters, including adversary proceedings. This includes representing debtors against Section 523 and Section 727 complaints, countering objections to discharge of debts and disproving allegations of fraud and misconduct.
If a creditor or trustee has filed a Section 523 or Section 727 complaint against you or your business, we will develop a tailored strategy to defend you against the allegations. Defenses include challenges to evidence, showing lack of intent and explaining filing and documentation mistakes, as well as showing the court that you acted in good faith.
Section 523 complaints alleging nondischargeability of debt
Section 523 actions by creditors seek to except individual debts of a party from discharge. Generally, types of debts that may be subject to exceptions include:
- Debts incurred through fraud or false pretenses
- Debts related to embezzlement or willful and malicious injury
- Student loans, unless undue hardship is proven
- Debts for luxury items incurred within 180 days of filing for relief
- Debts incurred for causing injury or death when driving while intoxicated
- Certain tax debts
- Alimony and child support
- Penalties for violations of law
Certain of these debts are automatically deemed nondischargeable. However, in cases alleging fraud, false pretenses, embezzlement or willful and malicious injury, it is up to the creditor or trustee filing the complaint to prove the accusations.
Section 727 complaints seeking dismissal of a bankruptcy case for abuse
Section 727 complaints seek to prevent all the debts of a party from being discharged. For example, it may be shown that the debtor has filed for bankruptcy in bad faith, hid information about their financial situation when filing or failed to obey an order made by the bankruptcy court. In cases where a debtor files under Chapter 7, a successful challenge to the means test could result in dismissal. Our Chapter 7 bankruptcy attorney defends against such complaints.
Procedural requirements for adversary proceedings in California bankruptcy courts
Creditors, trustees and even debtors can file adversary proceedings in bankruptcy court. Elements of the process include:
- Filing of the complaint by the plaintiff
- Service of process to the defendant
- Responsive pleading by defendant
- Gathering evidence through discovery and depositions
- Motion practice
- Resolve outside of court or present arguments in front of California bankruptcy court
Our law firm will stand up diligently for your rights and interests during adversary proceedings.
Fraud and misrepresentation allegations in bankruptcy cases
To establish fraud or misrepresentation in a bankruptcy case, it must be proven that the debtor hid assets or provided false information with intent to defraud creditors or the court. We aggressively litigate against such allegations on behalf of Southern California clients. We also defend against actions seeking to recover assets transferred before Chapter 11 bankruptcy was filed.
Contact our Los Angeles law firm for defense against debtor discharge objections
The Law Offices of Michael Jay Berger in Beverly Hills defends individuals and commercial debtors against Section 523 and 707 complaints filed by creditors or trustees in Southern California bankruptcy proceedings. For a consultation with an attorney, call 310-271-6223 or contact us online.
