Adversary Proceedings

We Help You Win Contested Matters and Adversary Proceedings

While many bankruptcy cases proceed straight to discharge (Chapter 7) or confirmation of a repayment plan (Chapter 13), there can be bumps along the road. This is the reason that you need a well-prepared, seasoned litigator by your side — to protect your property when the going gets tough and creditors, or the trustee, challenge your rights to it.

“By failing to prepare, you are preparing to fail.”— Benjamin Franklin

In some cases, creditors will file motions seeking to lift the automatic stay in order to attempt to foreclose on or repossess property. In other situations, creditors will seek to have debts declared as non-dischargeable based on allegations of fraud or other misconduct. A trustee may seek to sell property that you want to keep, or sue someone for an alleged preferential payment. All of these are contested matters — where a person contests or objects to what the other person or entity is seeking.

The Two Types

In bankruptcy there are two types of contested matters. The most typical is a creditor or trustee filing a motion you disagree with — your attorney files a written response, the court holds an initial hearing, the attorneys argue, and the judge rules. In some cases, the judge sets the matter for an evidentiary hearing where each side has the opportunity to present and cross-examine witnesses prior to a final decision.

The other type is known as an adversary proceeding — essentially a separate lawsuit within the bankruptcy case regarding an issue arising from or related to the case. Examples include a trustee suing to recover property (such as to avoid a preferential payment), or a party suing to determine ownership of property or the dischargeability of a debt. In rare cases, where the debtor is involved in a lawsuit outside of bankruptcy, a party may move that case to bankruptcy court and have it heard as an adversary proceeding.

If any of this happens in your case, you need to be represented by an attorney who is experienced and competent to handle these types of contested matters.

Why Us

At the Metro Detroit Bankruptcy Law Group, we take pride in being able to zealously represent people in contested matters and adversary proceedings. Our founder, Stuart Sandweiss, has litigated cases in both bankruptcy and non-bankruptcy courts for over 18 years. Unlike your typical bankruptcy attorney, Mr. Sandweiss is not afraid to stand up to a trustee or challenge a judge in order to protect his clients.

“He goes for the jugular and does not stop squeezing until there is no blood left.”— Opposing attorney

If you hire us, we promise to use all the resources of our sister firm — the Metro Detroit Litigation Group — and do everything in our power to protect your rights and shield you from bankruptcy trustees whose interests are not aligned with yours, or from unsavory creditors whose mission is to trap you, attempt to take your property, and prevent you from getting the fresh start that you deserve.

Even if we did not file your bankruptcy, we can represent you in an adversary proceeding or contested matter. Call us toll-free at 248-417-9800 or contact us online.