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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
Gavel and bankruptcy law documents. - Dave Burns Law Office, LLC

Avoidable Preference Litigation in Bankruptcy Cases

The United States Bankruptcy Code includes a provision relating to avoidable preferences. The statutory provision authorizes the bankruptcy trustee to recoup — or “clawback” — certain payments made to creditors within the period preceding fil… Read More
Categories: Bankruptcy, Litigation
Bankruptcy Law Books - Dave Burns Law Office, LLC

Understanding Objections to Discharge in Bankruptcy

When a debtor files for bankruptcy, many debts will be discharged when the bankruptcy is finalized. However, during the bankruptcy process, a creditor can file an objection to discharge of a specific debt. Filing an objection constitutes an adversary… Read More
Categories: Bankruptcy, Litigation
Man's Hand Stopping Dominos from Falling: Collateral Estoppel Concept - Dave Burns Law Office, LLC

Collateral Estoppel in Bankruptcy Litigation

Under a decision of the United States Supreme Court, the legal principle of collateral estoppel applies to dischargeability actions brought under Section 523(a) of the United States Bankruptcy Code. Debtors and creditors both should to understand how… Read More
Categories: Bankruptcy, Litigation
U.S. Bankruptcy Court sign - Dave Burns Law Office, LLC

Revocation of a Bankruptcy Discharge

If a bankruptcy case is successfully completed, the bankruptcy court grants the debtor a discharge, which gives the debtor a fresh start by relieving him or her of personal liability for most types of debt. However, the U.S. Bankruptcy Code provides… Read More
Categories: Bankruptcy