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How Does Bankruptcy Litigation Affect a Bankruptcy Case?
May 2nd, 2019
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…
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Avoidable Preference Litigation in Bankruptcy Cases
February 21st, 2019
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…
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Understanding Objections to Discharge in Bankruptcy
September 20th, 2018
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…
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Collateral Estoppel in Bankruptcy Litigation
June 28th, 2018
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…
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Revocation of a Bankruptcy Discharge
April 3rd, 2018
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…
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Categories: Bankruptcy
When Can a Creditor Challenge the Dischargeability of a Debt in Bankruptcy Litigation?
January 17th, 2018
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…
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Voidable / Fraudulent Transfers in Bankruptcy Cases
July 28th, 2017
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 transfer…
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