Adversarial Proceedings in Bankruptcy

Periodically, one party’s conduct in bankruptcy is so egregious that separate litigation arises: the adversarial proceeding. An adversary proceeding typically involves determinations of the dischargeability of debt, the validity or extent of a lien, or the ability to recover money or property. For example, TBF Law Group Bankruptcy Practice has litigated cases involving debtors who fraudulently obtained assets from incapacitated parties, mismanaged partnership assets in breach of fiduciary duties, and engaged in deceptive trade practices.

Opportunities in Adversarial Proceedings

Adversarial proceedings in bankruptcy offer a unique intersection of state law tort claims (including fraud and misrepresentation) and federal practice. Most civil attorneys do not typically practice in federal court and most bankruptcy attorneys do not handle state court claims: very few attorneys are familiar with winning adversarial proceedings in bankruptcy. Failing adequately to prosecute or defend an adversarial proceeding permanently can affect your legal rights on a contentious debt.

Call to Learn More About Adversarial Proceeding Representation

The Bankruptcy Practice Group has considerable experience screening prospective adversarial proceedings to determine the chances of success. The Group both has prosecuted and defended a variety of adversarial actions and understands the intricate ways in which state law comes into play. We can help explain your options, chances of success, and what such success affords.