Adversary Proceeding Attorney in Oklahoma City
Handling Adversary Proceedings in Bankruptcy Cases
As if filing for bankruptcy isn’t challenging enough, you may face or need to file lawsuits inside of your bankruptcy case. Sometimes, creditors will not accept your declaration of bankruptcy, and other times, you will have to file separate claims for certain types of relief. No matter what kind of adversary proceeding you’re dealing with, Jarman Law Office can help.
With 24/7 availability and over 15 years of legal experience, we will protect your interests and pursue the most favorable results on your behalf.
Call us at (405) 221-9696 to get started today!
Common Types of Adversary Proceedings
When you file for bankruptcy, the United States Trustee appoints you a bankruptcy trustee to represent your estate. Bankruptcy trustees and creditors can file adversary proceedings, and so can you.
The most common types of adversary proceedings include:
- Fraudulent transfer – your bankruptcy trustee can file a complaint if you transfer money or property to another within 2 years before filing bankruptcy, as this can be seen as you fraudulently protecting your assets.
- Preferential transfers – if you repay some of your creditors but not others, your bankruptcy trustee can file a preferential transfer complaint. These complaints apply to sums over $600 that were paid within the 90 days before you filed bankruptcy – or the year before you filed bankruptcy if you are repaying a relative.
- Lien stripping – when you have more than one mortgage on your house, you may be able to eliminate, or strip, the junior mortgages, or liens, as long as your house is worth less than the balance due on the original mortgage.
- Dischargability of debt – this adversary proceeding occurs when creditors file a complaint claiming that you incurred your debt fraudulently and that the debt should not be discharged.
- Joint ownership – if you own property with someone else, your trustee can file an adversary complaint to force the co-owner to sever your interests and sell the property.
- Objection to discharge – this adversary complaint happens when your creditors, your bankruptcy trustee, or the Office of the United States Trustee itself tries to throw out your entire bankruptcy claim, usually because of fraudulent activity or failure to comply with court orders.
Filing for bankruptcy can be difficult, and bankruptcy courts have special rules and regulations in each state.
Our Oklahoma City adversary proceeding lawyer help you avoid adversary complaints whenever possible and handle any and all complaints that arise.
How to Respond to An Adversary Complaint
If a creditor or your bankruptcy trustee files an adversary complaint, you can file a response and oppose the lawsuit. From there, both the plaintiff (the party that filed the complaint) and the defendant (you) will go through the discovery process. Once the evidence is clear, the parties negotiate. Depending on the situation, you will either reach a settlement or go through a trial in front of a judge or jury.
If you file a claim for lien stripping, you are simply asking the court to treat junior mortgages like other debts in your bankruptcy case. Lien stripping only applies to Chapter 13 bankruptcy cases, but if approved, these stripped mortgages will be included in your bankruptcy plan.
All adversary proceedings have their own separate electronic dockets and case numbers, which is what makes them different from bankruptcy claims. Another way to think about adversary proceedings is as lawsuits within bankruptcy court.
Let Jarman Law Office Answer Your Questions
Filing for bankruptcy is complicated, especially when adversary proceedings arise. Our firm can walk you through your main claim, as well as any complaints you may face from bankruptcy trustees and creditors.
We can help you get the relief you need.