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U.S. Bankruptcy Court

Creditors’ Rights in a Bankruptcy Case

The United States Bankruptcy Code provides creditors’ rights in a bankruptcy case. Enforcing those rights requires moving expeditiously when a creditor becomes aware of the debtor’s bankruptcy petition. In some circumstances, a creditor may need… Read More
Categories: Bankruptcy
Bankruptcy Court.

Bankruptcy Court Jurisdiction Over Litigation

Bankruptcy court jurisdiction extends beyond litigation arising as adversary proceedings in the bankruptcy case itself. However, there are limits on the extent of that jurisdiction. Questions regarding the jurisdiction of bankruptcy courts often rais… Read More
Categories: Bankruptcy, Litigation
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Bankruptcy Clawback Cases: Financial Institution Safe Harbor Provision

In a 2018 decision, the Supreme Court of the United States settled a difference of opinion among federal circuit courts of appeal about interpretation of § 546(e) in the U.S. Bankruptcy Code. That section includes a safe harbor provision relating to… Read More
Categories: Bankruptcy, Litigation
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What Is the Difference Between an Adversary Proceeding and a Contested Matter in a Bankruptcy Case?

While most bankruptcy cases proceed smoothly from start to finish, some cases require bankruptcy court proceedings to determine issues relating to the bankruptcy case. Adversary proceedings and contested matters are the two types of bankruptcy litiga… Read More
Categories: Bankruptcy, Litigation
2020 Revision of Bankrupt…

2020 Revision of Bankruptcy Code Section 547 and Creditor Defenses to a Preference Claim

In a bankruptcy case, the trustee has authority to recover payments made to creditors within a specific period preceding the bankruptcy. Trustee claims of this type are called preferences or avoidable preferences. A creditor who receives a preference… Read More
Categories: Bankruptcy, Litigation
Who Can File Adversary Pr…

Who Can File Adversary Proceedings in a Bankruptcy Case?

Bankruptcy is a court-supervised procedure through which the petitioner asks for debt to be alleviated. If all goes well, the bankruptcy court’s discharge order alleviates the debt. The bankruptcy case itself is not litigation. However, bankruptcy… Read More
Categories: Bankruptcy, Litigation
Core and Non-Core Proceed…

Core and Non-Core Proceedings in Bankruptcy Litigation: What Is the Difference and Why Does It Matter?

In some bankruptcy cases, issues arise that are not directly related to the bankruptcy but must be resolved before the bankruptcy court can finalize the bankruptcy case itself. When that situation occurs, the legal distinction between core proceeding… Read More
Categories: Bankruptcy, Litigation
Can a Creditor or Benefic…

Can a Creditor or Beneficiary Challenge a Spendthrift Provision in a Trust?

A spendthrift provision in a trust restricts a beneficiary’s ability to transfer trust assets. It also prevents creditors from reaching the property of the trust to repay the beneficiary’s debts. Not surprisingly, beneficiaries and creditors ofte… Read More
Someone fllling out Bankruptcy Court Hearing Form. - Dave Burns Law Office, LLC

5 Common Types of Adversary Proceedings in Bankruptcy Cases

In some bankruptcy cases, issues arise that require a bankruptcy court proceeding separate from the bankruptcy itself. These actions, called adversary proceedings, are a type of bankruptcy litigation. They take place as an independent legal action wi… Read More
Categories: Bankruptcy, Litigation
Bankruptcy Court Hearing Document and Judges gavel on a desktop. - Dave Burns Law Office, LLC

How Does Bankruptcy Litigation Affect a Bankruptcy Case?

If issues arise about property or debts during a bankruptcy case, the bankruptcy trustee, a creditor, or the debtor may file an adversary proceeding. These proceedings are bankruptcy litigation and constitute court actions separate from the bankruptc… Read More
Categories: Bankruptcy, Litigation