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Bankruptcy Litigation

Bankruptcy Litigation

Bankruptcy litigation requires a depth of knowledge of the Bankruptcy Code and its procedures, coupled with extensive experience in trial preparation, mediation, and negotiation. Our attorneys have experience representing all primary participants in the bankruptcy process, including creditors, debtors, trustees and other financial stakeholders.

If you are involved with a complicated dispute in bankruptcy court, you need the representation of our Roseville and Sacramento bankruptcy litigation attorneys. At NewPoint Law Group, LLP, our experienced lawyers work together with our clients to tackle their cases. Call our bankruptcy litigation lawyers today at 800-358-0305 to schedule a legal consultation.

Litigation in Roseville and Sacramento, California, Bankruptcy Cases

Litigation in bankruptcy proceedings revolves around disputes between debtors, creditors, trustees, and other interested parties. Our Roseville and Sacramento bankruptcy litigation attorneys merge extensive knowledge of bankruptcy procedure and law with our experience with mediation and negotiation.

On behalf of our clients, our seasoned attorneys have litigated adversary proceedings, defended and prosecuted preference actions, and appealed bankruptcy court decisions. Additionally, we have challenged and defended automatic stays and mediated cash collateral disputes, and we have protected our creditor clients’ rights regarding plan confirmations.

Often, decisions in bankruptcy litigation hinge on state law like in civil ligation. However, there are substantial differences, as all bankruptcy litigation is governed by the U.S. Bankruptcy Code. Because bankruptcy courts are part of the federal district court system, litigation is subject to the federal rules of civil procedure. Additionally, each bankruptcy court also has local rules and regulations that lawyers trying a dispute must adhere to as well. And finally, most bankruptcy judges have their own standards of practice and guidelines that attorneys must follow. When you are engaged in a dispute in bankruptcy court, it is essential to have our experienced Roseville and Sacramento bankruptcy litigation attorney represent your interests.

Common Issues in Bankruptcy Proceedings

“Contested matters” are common issues that occur in a bankruptcy case. Generally, they are simple disputes that are resolved between the parties without the intervention of a bankruptcy judge. However, if the contested issue includes more complicated legal questions or if the parties are unable to agree on a solution, a bankruptcy judge could decide the matter or convert it to an “adversary proceeding.”

Some common contested matters in bankruptcy proceedings include moving for relief from an automatic stay, reinstating an automatic stay, modifying a confirmed bankruptcy plan, or allowing the sale of real estate. Often these matters are resolved through a motion, but they can quickly become more complicated and lead to court disputes.

When a contested matter threatens the success of your bankruptcy case, you need our Roseville and Sacramento bankruptcy litigation attorneys at your side.

Adversary Proceedings in Bankruptcy Cases in Roseville and Sacramento

Adversary proceedings” are separate lawsuits filed within an ongoing bankruptcy case. Most personal bankruptcies never require litigating an adversary proceeding, but these issues are more common in business bankruptcy cases. These cases are filed to challenge whether a debt is dischargeable, to recover money, to determine the value of collateral, to establish the validity or priority of a lien, and to resolve other technical issues, including the following:

  • Preference claims

  • Fraudulent transfers

  • Disallowance of creditor claims

  • Defending objections to discharge

  • Prosecuting objections to discharge

  • Complaints to turn over property of the bankruptcy estate

  • Automatic stay violations or enforcement

  • Contesting the sale or purchase of bankruptcy assets

Adversary proceedings can address either federal or state issues and are similar to civil lawsuits filed in federal court. There are pre-trial orders, discovery, and a trial – potentially a jury trial, if required. Often, the issues presented are too complicated or outside the field of experience of a general bankruptcy lawyer without litigation experience. Our Roseville and Sacramento bankruptcy litigation attorneys have the depth of skill to represent you if you are filing an adversary complaint or if your current bankruptcy attorney lacks the experience to help you in court.

Roseville and Sacramento Bankruptcy Appeals

If you need to appeal a decision from the bankruptcy court, our seasoned litigation attorneys understand appellate procedure. Whether you are a debtor or a debtor’s attorney who does not practice appellate work, NewPoint Law Group, LLP, has the resources to fight bankruptcy cases on appeal.

Bankruptcy Litigation Challenges

Unlike other areas of litigation, bankruptcy proceedings move quickly. Due to the number of protections the Bankruptcy Code provides debtors and the complex financial issues present in many cases, bankruptcy litigation is often expedited. Our experienced litigation attorneys have the skill and knowledge necessary to complete complicated discovery and prepare arguments and briefs in a matter of weeks if required.

While bankruptcy court rules and appellate procedures mirror the federal rules of procedure, there are significant differences. Additionally, there are local rules and regulations enacted by each district. Our bankruptcy litigation attorneys have the expertise to effectively and efficiently navigate the various rules and regulations, diligently representing our clients’ interests.

Bankruptcy litigation is usually just one part of an overall financial restructuring plan. By developing our litigation tactics along with a robust transactional strategy, our seasoned attorneys will align our litigation and bankruptcy efforts to fight for the most beneficial outcome for our clients.

Call Our Roseville and Sacramento Bankruptcy Litigation Attorney for a Consultation

Bankruptcy litigation is complicated and may require an experienced attorney to navigate the federal, state, and bankruptcy rules that could apply. At NewPoint Law Group, LLP, our knowledgeable attorneys fight for favorable solutions in our clients’ cases. Call our bankruptcy litigation lawyers today at 800-358-0305 to schedule a legal consultation.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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