Bankruptcy Litigation

At The Los Angeles Bankruptcy Firm, our experience representing debtors in Chapter 7 and Chapter 13 bankruptcy proceedings extends to all manner of bankruptcy litigation, including adversary proceedings, contested matters, and nondischargeability actions.

Much of a bankruptcy proceeding is administrative in nature and is handled outside of the courthouse by the bankruptcy trustee.  It is not unheard of for a Chapter 7 debtor to never see the inside of a courtroom, or for a Chapter 13 debtor to only appear in court for the approval of the plan.  However, in numerous cases there are still matters which must be brought before a judge during a bankruptcy proceeding, and the entire process in any bankruptcy is supervised by the bankruptcy court, from the filing of the petition to the final discharge in bankruptcy.

Some bankruptcy matters can only be resolved through litigation.  Litigation in a bankruptcy court has many similar aspects to a regular civil court, but with significant differences. Representation by a skilled trial lawyer who understands the special rules applicable to bankruptcy litigation is essential to achieving the desired result while avoiding the pitfalls that can damage one's position.

Adversary Proceedings and Contested Matters

Bankruptcy litigation generally involves either adversary proceedings or contested matters.  This distinction will determine how the case is litigated - whether it more resembles a typical trial in civil court or a hearing to dispose of a motion made in a case.  Each type of matter requires a distinct set of litigation skills to resolve effectively.

According to the U.S. Bankruptcy Code Section 7001, Adversary Proceedings may be used to:

• recover money or property
• determine validity or priority of a lien
• approve sale of debtor property by a co-owner
• determine discharge or dischargeability (nondischargeability actions)
• revoke confirmation of a plan
• determine the validity or priority of liens
• get an injunction
• subordinate a claim
• obtain a declaratory judgment
• determine bankruptcy claims removed to a different court under the Federal Rules of Civil Procedure

Contested matters, addressed in Bankruptcy Rule 9014, are matters such as the following:

• dismissal or conversion of a case
• objections to confirmation of a plan
• motions for relief from the automatic stay
• motions to use cash collateral
• motions to obtain credit
• avoidance of liens under section
• the assumption, rejection or assignment of executory contracts

At The Los Angeles Bankruptcy Firm, your case is personally handled by an attorney with years of experience helping financially distressed individuals get back on their feet through Chapter 7 and Chapter 13 bankruptcy proceedings, including litigated matters such as adversary proceedings and contested matters.  For full service from a firm with the knowledge, skills and background to handle your bankruptcy case, contact The Los Angeles Bankruptcy Firm.