Bankruptcy Litigation

Many kinds of disputes arise out of bankruptcy cases.  These disputes are ruled upon by Bankruptcy Judges, usually after a trial.  There are no juries in bankruptcy cases, except in very limited circumstances.

For example, if you filed a Chapter 7 case, the United States Trustee might disagree with your income and expense calculations under the new bankruptcy law that went into effect on October 17, 2005 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”)), and file a motion to dismiss your case.

This kind of dispute is resolved by a trial before a Bankruptcy Judge.

Because a creditor or a trustee is a potential opponent in these trials, it is highly desirable to obtain legal advice from an experienced trial attorney who has handled these specialized types of disputes so that you can avoid litigation after your case begins.  On the other hand you may wish to take a matter to trial if you believe a creditor’s assertions of wrongdoing are unfair and wrong.

After your bankruptcy case is filed, creditors may require you to appear at an oral deposition before a court reporter to be questioned about your financial affairs and require you to produce documents about your financial dealings.  Careful counsel from an experienced bankruptcy trial attorney can help prevent these embarrassing and time-consuming disputes from arising by fully analyzing critical facts before the decision to commence the bankruptcy is made.

The Bankruptcy Code is complex and confusing.  After BAPCPA became effective in October 2007 many attorneys stopped practicing in the field.

Be sure to get advice from an experience bankruptcy trial attorney before you decide to begin a bankruptcy case.

More on Bankruptcy Litigation.

Local Counsel-When an out-of-state corporation is brought into Colorado in a bankruptcy matter, the business or its in-house counsel may need a knowledgeable Colorado bankruptcy lawyer. James Chadderdon has worked with many out-of-state corporations in such litigation.

Please contact us to discuss your case.