Filing for bankruptcy as a business or individual is not always a cut and dry process, in fact, it can become quite complex in certain situations—namely, when one party files a lawsuit against another. If you are facing a lawsuit in relation to bankruptcy, you need a bankruptcy litigation attorney in Miami with a thorough understanding of the law by your side. At LSS, our team of litigators has the skill and experience necessary to represent your case in and out of court to protect your interests and your future.
However complex your case may seem, make sure you get in touch with our firm to secure legal representation and understand more about what you’re up against. We serve clients throughout Miami and Fort Lauderdale.
Bankruptcy litigation is similar to other litigation in Federal Court in that the Federal Rules of Civil Procedure apply to many of the proceedings. However, the litigation is conducted in the United States Bankruptcy Court, unless determined otherwise. At LSS Law, our Miami bankruptcy litigation attorney is ready to help you every step of the way during your case.
There are common types of bankruptcy litigation than may occur in a bankruptcy case between debtor & creditors, between debtor & trustees, and between trustee & creditors, or third parties.
At LSS Law our bankruptcy litigation lawyers represent debtors, creditors, trustees, and third parties. Below are some examples of bankruptcy litigation matters we may be able to help you with.
Call (954) 516-2566 for a bankruptcy litigation attorney at LSS Law. We serve Miami & Fort Lauderdale.
The bankruptcy process often involves the determination of rights or interests through a direct legal action that is called an “adversary proceeding.”
An adversary proceeding is a complaint filed in the United States Bankruptcy Court, to determine some of the following issues:
The bankruptcy adversary proceeding for discharge and dischargeability is often confused. The words are similar, and yet have different meanings. Discharge is one of the main reasons why people file bankruptcy – to permanently avoid payment of ALL of their debts and obligations by discharging them (with some exceptions). The bankruptcy trustee or a creditor may decide to file an adversary proceeding to deny a debtor’s discharge altogether.
However, there are very specific enumerated reasons why a person’s discharge can be denied. The bankruptcy laws favor a debtor receiving a discharge, unless one of these enumerated factors apply. Some examples are transferring assets with the intention to hinder, delay or defraud a creditor, concealing or destroying financial records, making a false oath, failing to provide the trustee with financial information, failing to satisfactorily explain the loss of assets and failing to obey court orders.
Even if a person receives his or her discharge, certain debts are specifically excluded from the discharge. Debts such as domestic support obligations and certain tax debts are automatically excluded from the discharge (although there are many other categories of non-dischargeable debts). Other types of debts, require the court to determine whether they are excluded or not from the discharge. Those types of debts that require specific court determination may be subject to a dischargeability adversary proceeding.
Common types of dischargeable debts include:
Call to request a free consultation with a Miami bankruptcy litigation lawyer at LSS Law.
Representing debtors, creditors, trustees, and third parties throughout Florida since 1994.
Upon the filing of the bankruptcy case, the Debtor’s assets become part of the bankruptcy estate that is formed. However, certain assets can be claimed as exempt pursuant to applicable bankruptcy or state law. The effect of having an asset be deemed as exempt differs depending on which chapter of bankruptcy is being filed.
A creditor or a bankruptcy trustee may file a contested matter in the bankruptcy proceeding to determine whether the asset should be deemed exempt. Some examples are whether a house is entitled to homestead exemption, or whether an account is entitled to an exemption as a retirement account, pension or annuity.
Our attorneys at LSS Law have considerable experience in bankruptcy litigation, representing debtors, creditors, trustees and third parties. Our litigators have conducted trials and evidentiary hearings, and have also briefed and argued bankruptcy appeals to the United States District Court. We are prepared to help you if you are dealing with a bankruptcy litigation matter. Reach out to us today for a free initial case evaluation.
Contact LSS Law today at (954) 516-2566 to get in touch with our Miami bankruptcy litigation attorneys. We are prepared to answer your questions.
The often times difficult Chapter 11 bankruptcy that traditionally favored larger companies is now available for small businesses through The Small Business Reorganization Act. Allows us to help you build a comprehensive strategy to navigate the process with the help our recognized team.
Contact us for a no-cost, no-obligation, bankruptcy strategy session.
