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Bankruptcy
Adversary Proceedings: When Bankruptcy Becomes a Federal Lawsuit
Adversary Proceedings: Federal Litigation
Most bankruptcy matters are handled by motion practice. But some disputes require a full-blown lawsuit. These are called Adversary Proceedings (APs). An AP has a complaint, an answer, discovery, and a trial. It is federal litigation.
When We File APs
- Dischargeability Actions: If a creditor claims you committed fraud and shouldn’t be able to discharge their debt (e.g., you ran up credit cards right before filing), we defend you in an AP.
- Stay Violations: To recover damages for severe violations of the automatic stay.
- Fraudulent Transfers: Defending you if a Trustee claims you gave assets away to hide them.
- Predatory Lending: Suing a lender for Truth in Lending (TILA) violations or fraud to void a mortgage or lien.
Why You Need a Litigator
Many high-volume bankruptcy mills do not handle APs. They refer them out or tell the client to settle. We are trial lawyers. We are comfortable in the courtroom and use the AP process to aggressively protect our clients’ rights.
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