Various issues are litigated within the context of a complex bankruptcy proceeding. Litigation can arise either through a contested matter or an adversary proceeding. A contested matter occurs in the main case of a bankruptcy proceeding when one or more parties opposes the relief being sought. An adversary proceeding is a separate lawsuit filed within a pending bankruptcy proceeding and is commenced with the filing of a complaint. Contested matters and adversary proceedings are heavily litigated and require expertise in all aspects of discovery including document production, depositions, and interrogatories as well as trial skills to present evidence and witnesses at trial.
Our firm is experienced in and adept at handling the various disputes arising from a complex bankruptcy proceeding and we often represent debtors, trustees, creditors and other stakeholders in various contested matters, from initial first day motions through contested confirmation hearings. We fully understand bankruptcy laws and regulations to enable us to provide strategic counsel and robust representation in court. We handle matters such as contested plan confirmations, sale hearings, contested stay relief actions, lease assumptions and rejections, preference and avoidance actions, asset recovery, creditors’ rights and all aspects of adversary proceedings.
In addition, when necessary and appropriate, we assist our clients in the prosecution and defense of bankruptcy appeals in the District Courts and Courts of Appeal.
We meticulously analyze each individual circumstance and tailor a strategy designed to obtain the most favorable outcome possible for our clients, whether the matter is ultimately litigated or resolved through a negotiated settlement.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.