The vast majority of bankruptcies are relatively simple matters that are completed within a brief time frame. Increasingly, however, creditors are disputing whether or not certain debts should be discharged in bankruptcy. When a creditor or debtor in a bankruptcy files a complaint to the court, it is known as an adversary proceeding. Anyone involved in an adversary proceeding needs an experienced bankruptcy lawyer to protect his or her rights. Law Offices of David J. Hernandez & Associates represents both debtors and creditors in the Bronx, Brooklyn, Queens, Manhattan, Staten Island, New York and New Jersey in adversary proceedings.
Adversary proceedings can take place under a number of circumstances. The most common type of adversary proceedings involve a creditor arguing that a debt should not be discharged in bankruptcy. For instance, if a loan or cash advance is taken out shortly before a debtor files for bankruptcy, the creditor may argue that the debt was fraudulent and should not be discharged in bankruptcy. In other adversary proceedings, debtors may take action against creditors who violate of the automatic stay.
Adversary claims must be filed within 60 days of the first meeting of creditors. If a claim is not filed in that time, the debt in question will be discharged. Our attorneys have a complete understanding of adversary proceedings, and we can help you achieve a favorable resolution, either in litigation in Bankruptcy Court or in a negotiated settlement.
Our bankruptcy lawyers can protect your interests in any adversary proceedings whether you are the creditor or debtor. Contact our office today to schedule your initial consultation by calling (718) 522-0009. Hablamos español.