Bankruptcy Litigation Adversary Proceedings

Irvine attorney Parisa Fishback of the Fishback Law Corporation represents individual and business clients in all aspects of Chapter 7 and Chapter 13 bankruptcy proceedings in Orange County, Los Angeles, Riverside and throughout Southern California, providing strong and effective representation in adversary proceedings, contested matters and other bankruptcy litigation necessary for a successful resolution of the bankruptcy case.

Litigation is not a common feature in bankruptcy. In fact, in most cases, a Chapter 13 debtor may only actually appear in court once when the plan is approved, and a Chapter 7 debtor may never see the inside of a courtroom at all! However, there are times when litigation is necessary to resolve some aspects of the bankruptcy proceeding. When litigation is required, we provide strong, effective advocacy, representing you in court and looking out for your best interests as work to resolve the matter quickly and efficiently with positive results. Bankruptcy litigation generally falls into two specific categories: adversary proceedings and contested matters.

Adversary Proceedings

Adversary proceedings are litigated in a courtroom much like a typical civil trial, with the introduction of evidence such as exhibits and the testimony of witnesses, in addition to legal arguments made by the attorneys. The types of adversary proceedings allowed in bankruptcy court are outlined in the U.S. Bankruptcy Code section 7001. They include, among others:

  • A proceeding to recover money or property
  • A proceeding to determine the validity, priority, or extent of a lien or another interest in the property
  • A proceeding to obtain approval for the sale of both the interest of the estate and of a co-owner in the property
  • A proceeding to object to or revoke a discharge
  • A proceeding to determine the dischargeability of a debt
  • A proceeding to obtain an injunction or another equitable relief, except when a chapter 13 plan provides for the relief
  • A proceeding to subordinate any allowed claim or interest, except when a chapter 13 plan provides for subordination

Some of the most common adversary proceedings are nondischargeability actions. Some debts are nondischargeable in bankruptcy by law, while others are only nondischargeable if the creditor raises the issue and can prevail in court with reasons why the debt should not be discharged. This type of adversary proceeding is generally known as a nondischargeability action.

Contact A Reliable Legal Team

Although bankruptcy litigation has many features in common with other civil litigation, there are significant differences, and only an experienced attorney in Irvine should handle your bankruptcy litigation matters.

For sound advice and professional assistance with your Chapter 7 or Chapter 13 bankruptcy matter, including representation in bankruptcy litigation as needed, contact the Fishback Law Corporation in Irvine for a free initial consultation. You can also call our office at 949-274-7080.