Bankruptcy Litigation and Adversary Proceedings
Law Office of Rick Morin, PC
Bankruptcy is an incredibly powerful tool because of this one reason: for debtors and creditors alike, bankruptcy provides finality. This means that litigation in the bankruptcy context is so critical. Missing a deadline, defaulting on a complaint, or failing to file an objection are critical errors that the courts have little authority to remedy.
Bankruptcy litigation moves at a fast pace unmatched in most federal courts. We provide aggressive representation to in the bankruptcy court and we aren’t afraid to roll up our sleeves and delve into complex bankruptcy litigation.
Unlike many other bankruptcy firms, proudly take on bankruptcy litigation to ensure that both bankruptcy filers and creditors obtain all of the benefits to which they are entitled under the bankruptcy code.
Bankruptcy cases move fast, and bankruptcy litigation moves along even faster. And unlike other courts, it can be extremely difficult (and sometimes impossible) to obtain relief from missing many bankruptcy deadlines. In other words, do not delay finding an attorney.
We represent debtors that need to enforce the automatic stay and/or the discharge injunction. These important tools only mean something to the extent that a debtor is willing to enforce their rights by taking creditors to court for illegal conduct.
Not all debts are created equal under the bankruptcy code. Some debts are automatically deemed non-dischargeable, while others require a legal proceeding to determine their discharge status. Miss a deadline here, and a debt will be deemed forever discharged. We represent both creditors and debtors in dischargeability adversary proceedings.
Plan conformation binds non-debtors to terms that they would not normally be required to accept. Timely filing and litigating objections to confirmation can provide creditors with signifiant room to maneuver. Don’t be left with your hands tied by plan confirmation. Object early and object often.
The automatic stay is an iron-clad protection for debtors… until it isn’t. Savvy creditors know that there are multitude ways to convince a bankruptcy court to lift the automatic stay under appropriate circumstances. From enforcing the terms of a security agreement to going back to state court to liquidate a claim, the first step for a creditor is to seek relief from the stay.
With hundreds of satisfied clients, and dozens upon dozens of reviews to back that up, you can be assured that we will provide you with an outstanding legal experience.