Bankruptcy Court Litigation
The Bankruptcy Code grants the chapter 7 trustee significant power in a chapter 7 proceeding to investigate and seek out assets to provide payments to unsecured creditors of the chapter 7 debtor. For chapter 7 debtors who failed to disclose assets or who have family members with assets that are being pursued by an aggressive trustee, skilled representation for the litigation with the chapter 7 trustee is imperative to ensure that the chapter 7 bankruptcy case does not leave the debtors in a far worse position than before the case was filed.
Motions for relief from the automatic stay: These issues generally involve a lender seeking to repossess a car or resume foreclosure proceedings after a bankruptcy petition has been filed. We represent lenders and debtors in disputes concerning the automatic stay.
Bankruptcy trustees and other parties may object to the dischargeability of a debt during the pendency of the bankruptcy proceedings. Similarly, the bankruptcy trustee, a creditor or the Office of the U.S. Trustee can all ask the bankruptcy judge to revoke the discharge of a debt even after the bankruptcy is complete. We represent debtors and creditors in disputes concerning the discharge of a debt.
A preference action is filed when the chapter 7 trustee has reason to believe, that a debtor has paid a family member, medical professional or other creditor out of the ordinary course of business, thus creating a preferential transfer. The essence of such actions are to establish that one creditor was favored or paid while other creditors received nothing.
Preference defenses are extremely time sensitive. If you are a debtor and have received such a complaint, contact one of our experienced Queens bankruptcy attorneys to schedule a free consultation.