Adversarial Litigation and Creditor-Debtor Rights in Bankruptcy

Bankruptcy is normally a process with little to no litigation. But not all cases are simple. Sometimes creditors or trustees object. That is where we come in. We are experience bankruptcy trial and adversary proceeding litigators and have handled issues ranging from objection to discharge to student loan hardship discharges. If you need to defend against a third party or if you are that third party seeking to object in someone else’s bankruptcy, call us to see how we can help.

Bankruptcy Litigation

Adversary Proceedings, Contested Motions, Creditor Rights, Debtor Rights, Trustee Objections

Washington Debt Law offers full bankruptcy litigation services to include adversary proceedings and contested motion up to and including trial. We have prosecuted objections to discharge from both a creditor and debtor perspective, handled student loan hardship discharges, lien strips, and litigating both core and non-core bankruptcy issues such as foreclosure or consumer protection rights.

We represent both debtors and creditors in bankruptcy matters. We offer a variety of options from flat fee to hourly to contingent, depending upon the issue and your specific facts. A list of our most common litigation services is below. Call today if you require a bankruptcy litigator on your side.

Common Objections, and Motions

Note: For most people who go through bankruptcy, serious objections to discharge or exemptions are rare. Below are the most common motions that normally you might see and generally these will be in a chapter 13 bankruptcy or if you use a chapter 7 to stop a foreclosure.

Motion to Avoid Judgment Lien– A motion filed to remove judicial liens from your property.
Motion for Relief– A motion filed by a creditor to allow an asset or issue to be litigated outside of bankruptcy court. Typically this is filed on a house, a vehicle, or similar asset.
Objection to Ch 13 Plan– A very normal objection by a trustee or creditor, usually about the amount of a payment proposed in a ch 13 plan. It is very normal and routine to receive these early on in a ch 13 case.
Objection to Proof of Claim– This is something a debtor files against a creditors claim.
Proof of Claim– These are routine in a ch 13 and rare in a ch 7 unless there are assets to distribute. A proof of claim is just documentation of a creditors claim. They can be objected to if incorrect.

Uncommon and more Serious Objections

Adversarial Proceeding: Litigation within a bankruptcy case, usually over student loans but can be over any legal issue that the court can hear.
Motion for Contempt: A motion to the Bankruptcy judge to sanction and usually seek relief and damages over a violation of law, typically an automatic stay or discharge injunction violation.
Objection to Discharge: A motion usually filed by a creditor or a trustee, it seeks to deny your discharge entirely or as to a specific debt.
Objection to Exemption: A motion usually filed by a creditor or a trustee, it seeks to deny your exemption in a specific asset, usually your homestead.

Services Offered

Adversary Proceedings & Contested Motions
- Full or limited representation up to and including Trial
- Plaintiff or Defendant representation
- Foreclosure & Quiet Title litigation via Adversary Proceeding
- Lien Strips & Cram Downs
- Motion to Value or Extent and Validity of Lien
- Non-Core Adversary Proceedings (such as foreclosure litigation, quiet title, FDCPA, etc)
- Recovery of Money or Property
- Student Loan Hardship Discharge
Creditor Rights
- Creditor Committee Representation
- Motion for Relief
- Objection to Discharge under 11 U.S.C. 727 or 11 U.S.C 523a
- Objection to Exemption
- Objection to Plan (Ch 11 or 13)
- Obtain Injunction, Declaratory Relief, or Equitable Relief
- Proof of Claim
Debtor Rights & Resolving Creditor/Trustee Objections
- Bankruptcy Petitions for Ch 7, Ch 11, and Ch 13 Debtors
- Defend against Creditor Litigation
- Defend against Trustee Litigation
- Defense against Motion for Relief
- Defense against Objections to Discharge, Exemption, or Plan
- Lien Strip, Avoid Lien, Cram Down
- Litigate Non-Core Issues such as Foreclosure, Quiet Title, FDCPA
- Objection to Proof of Claim
- Re-open Bankruptcy to Obtain Discharge or to Determine Dischargeability
- Student Loan Hardship Discharge

Motion Practice

Many issues do not require a full adversary proceeding to be filed. Many things can be handled via motion or objection inside the primary bankruptcy case. This includes objections to proof of claim, motion to sell, motions to avoid lien, and motions for relief.

Adversary Proceedings

An adversary proceeding is a separately filed case referenced to the original bankruptcy case but proceeding under a separate trial track. These proceed like a more traditional case with discovery, motions, and trial. The timelines are severely truncated compared to regular state and federal courts and so things must be prosecuted with a sense of urgency. Some issues require an adversary proceeding to be brought in a very limited time frame such as an objection on the basis of fraud pursuant to 11 U.S.C. 523a2,a4, or a6. If you are considering or facing adversarial litigation, call us to see how we can help.