Creditors of bankrupt companies must rapidly develop a comprehensive creditor strategy for recovering money from the company debtor–and this often involves a litigated adversary proceeding. Bankruptcy adversary proceedings are litigated cases involving discreet creditor claims that take place in the context of the ongoing bankruptcy case. Adversary proceedings are common within the context of a Chapter 11 reorganization of corporate debtors.
We Can Help
It is essential for a party’s counsel to have expertise in a broad range of business and financial litigation in order to optimize the the underlying bankruptcy proceeding through targeted bankruptcy adversary proceedings. McBride Law, PC has a wealth of experience in business and financial litigation, both in the context of complex litigation and bankruptcy adversary proceedings. We resolve these matters effectively and efficiently.
Scope of Bankruptcy Adversary Proceedings
Pursuant to FRBP Rule 7001, bankruptcy adversary proceedings are designed to do any of the following:
(1) Recover money or property;
(2) Determine the validity, priority, or extent of a lien or other interest in property;
(3) Obtain approval for the sale of certain property that is co-owned;
(4) Object to or revoke a discharge;
(5) Revoke an order of confirmation;
(6) Determine the dischargeability of a debt;
(7) Obtain an injunction or other equitable relief;
(8) Subordinate any allowed claim or interest;
(9) Obtain a declaratory judgment;
(10) Determine a claim or cause of action removed from state court related to a bankruptcy cases;
(11) contest lien priority;
(12) contest the scope of the automatic stay;
(13) compel employee benefit payments;
(14) compel insurance payments or address coverage or related insurance issues; or
(15) address financial obligations related to bankruptcy.
On the other hand, bankruptcy adversary proceedings are not motions to do any of the following:
(a) seek basic relief from the automatic stay, or
(b) object to claims, or
(c) avoid a lien.