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Bankruptcy Adversary Proceedings

Representation in Adversary Proceedings in Miami

When a dispute arises during bankruptcy, the matter may be resolved through an adversary proceeding. An adversary proceeding is different than the primary bankruptcy cases from which it originates. Adversary proceedings are lawsuits filed in bankruptcy court. One or more plaintiffs may file a complaint against one or more defendants in order to resolve the dispute. The debtor may be the plaintiff or defendant in such an action or may not be named at all.

A creditor, debtor, or trustee may file an adversary proceeding.

  • Creditors typically file adversary proceedings to avoid debt from being discharged, such as debt that was fraudulently obtained or intentionally obtained prior to filing for bankruptcy protection.
  • Bankruptcy trustees may file adversary proceedings to recover fraudulent transfers or preferential payments, or to ask the court to deny a discharge if a debtor is accused of dishonesty or attempting to abuse the bankruptcy system or process.
  • Debtors may file adversary proceedings to challenge creditors who are acting in violation of the automatic stay.

In any such scenarios, the Miami bankruptcy adversary attorneys at Edelboim Lieberman Revah Oshinsky PLLC stand prepared to deliver intelligent insight and experienced representation during adversary proceedings. We represent individual and corporate clients in bankruptcy proceedings across Florida and understand exactly how to approach and handle adversary proceedings to protect our clients’ best interests.

To discuss your case and needs, call (305) 712-6097.

Types of Adversary Proceedings We Handle

The following are some of the adversary proceedings we handle for clients in Chapter 7, Chapter 11, and Chapter 13 bankruptcy:

  • Fraudulent transfer litigation;
  • Preferential transfer litigation;
  • Objections to dischargeability of debt;
  • Objections to discharge;
  • Objections to claimed exemptions;
  • Extent, validity, and priority of liens;
  • Post-petition transfer litigation;
  • Turnover litigation;
  • Equitable subordination litigation; and
  • Reclassification of debt litigation.

Put a team of highly experienced professionals and authorities in their fields on your side. Involve a Miami, Fort Lauderdale, and West Palm Beach bankruptcy lawyer from our firm and you will have the advantage of over four decades of experience and knowledge in your adversary proceedings.

Contact our offices at (305) 712-6097 today to get started.

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