» Bankruptcy

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 bankrup… 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 f… 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 advers… 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 h… 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
Old Bankruptcy Law Book

When Can a Creditor Challenge the Dischargeability of a Debt in Bankruptcy Litigation?

In a bankruptcy case, many debts are dischargeable, including credit card debt, medical bills, utility bills, and personal loans. When a debt is discharged in bankruptcy, the debtor no longer has to pay it. However, a debtor’s right to have debts d… Read More
Categories: Bankruptcy, Litigation
Bankruptcy Law Documents and Gavel

Voidable / Fraudulent Transfers in Bankruptcy Cases

In bankruptcy cases, a bankruptcy trustee has the ability to void certain fraudulent transfers of property made by the debtor prior to filing bankruptcy. This ability is often referred to as the bankruptcy clawback provision. When fraudulent transf… Read More
Categories: Bankruptcy, Litigation