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Can You Contest a Settlement Agreement in a Bankruptcy Case?
March 1st, 2021
If a negotiated settlement agreement occurs in bankruptcy litigation, the Rules of Bankruptcy Procedure require the trustee to notify creditors and others of the proposed settlement. The bankruptcy court then holds a hearing and approves or denies th…
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Categories: Bankruptcy
Creditors’ Rights in a Bankruptcy Case
January 4th, 2021
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…
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Categories: Bankruptcy
Bankruptcy Court Jurisdiction Over Litigation
December 1st, 2020
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…
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Bankruptcy Clawback Cases: Financial Institution Safe Harbor Provision
October 5th, 2020
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…
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What Is the Difference Between an Adversary Proceeding and a Contested Matter in a Bankruptcy Case?
July 6th, 2020
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…
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2020 Revision of Bankruptcy Code Section 547 and Creditor Defenses to a Preference Claim
February 28th, 2020
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…
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Who Can File Adversary Proceedings in a Bankruptcy Case?
January 2nd, 2020
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…
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Core and Non-Core Proceedings in Bankruptcy Litigation: What Is the Difference and Why Does It Matter?
December 4th, 2019
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…
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Can a Creditor or Beneficiary Challenge a Spendthrift Provision in a Trust?
November 27th, 2019
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…
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5 Common Types of Adversary Proceedings in Bankruptcy Cases
August 1st, 2019
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…
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