An adversary proceeding is a lawsuit filed in a bankruptcy case by a creditor, trustee, or the debtor. Filing or defending against an adversary proceeding requires knowledge of the Bankruptcy Code, Federal Rules of Civil Procedure and the Local Bankruptcy Rules for the District of Colorado. Rule [continue reading]
Bankruptcy Litigation
Bankruptcy Litigation – Generally
Unlike many lawyers who avoid complex bankruptcy issues, the attorneys at Cohen & Cohen, P.C., regularly litigate in the bankruptcy courts and have experienced first-hand the myriad of issues that arise. We have represented and defended against bankruptcy trustees, creditors, and debtors [continue reading]
Contested Matters & Adversary Proceedings
In bankruptcy court disputed matters are either classified as “contested matters” or “adversary proceedings”. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial). An adversary [continue reading]
Denial of Discharge vs Exceptions to Discharge
The granting or denial of a discharge is a cornerstone in bankruptcy jurisprudence. The discharge of one’s debts is the goal of debtors in the bankruptcy process. However, the receipt of a discharge is not without its limitations. Remember, a bankruptcy discharge is only for the [continue reading]
