What Are Bankruptcy Adversary Proceedings?
Anyone who fails to follow the conditions prescribed by the bankruptcy proceedings can face a bankruptcy trial to settle the matter. Creditors in Los Angeles might take legal action if they are not satisfied with the amount of debt to be repaid before discharge. Bankruptcy filers can also take legal action against creditors, as might be the case when they violate the automatic stay. These are just two of many reasons why someone might initiate bankruptcy adversary proceedings.
The Federal Rules of Bankruptcy Procedure lists the types of adversary proceedings under federal law. These laws essentially serve to provide a means to litigate issues beyond the scope of basic bankruptcy proceedings. However, while the scope includes ten types of adversary proceedings, nearly 90 detailed rules apply.
Whether you face allegations or if you need to take action to protect your rights during the bankruptcy process, you need to retain legal support from an attorney with extensive experience litigating Los Angeles adversary proceedings. As a plaintiff, you may have evidence that creditors are continuing harassing collection efforts when your actual filing should stop them. However, creditors can also levy serious allegations against you, such as claiming your bankruptcy filing misrepresents the funds and assets available to repay them in full. In either case, detailed rules of evidence pay a vital role in the potential success of your case. In fact, a skilled attorney can often stop proceedings against you by proving a lack of compelling prosecutorial evidence.
The Law Offices of Michael Jay Berger has represented plaintiffs and defendants in more than 60 adversary proceedings, often getting cases dismissed to the benefit of clients. When cases go to trial, we are dedicated advocates on behalf of our clients.