Adversary Proceedings

While many bankruptcy cases proceed straightforward to discharge (Chapter 7) or confirmation of a repayment plan (Chapter 13), there can be bumps along the road. That's why you need a well-prepared, seasoned litigator by your side — to protect your property when creditors, or the trustee, challenge your rights to it.

By failing to prepare, you are preparing to fail.— Benjamin Franklin

In some cases, creditors will file motions seeking to lift the automatic stay to foreclose or repossess. In others, creditors will seek to have debts declared non-dischargeable based on allegations of fraud or other misconduct. A trustee may seek to sell property you want to keep, or sue someone over an alleged preferential payment. All of these are contested matters — where one party contests or objects to what another party or entity is seeking.

The Two Types of Contested Matters

The most typical type is a creditor or trustee filing a motion (a document asking the court to take some action) that you disagree with. In that case, you or your attorney files a written response objecting to the motion. The court usually holds an initial hearing where the attorneys argue the legal issues and the judge makes a decision. In some situations the judge determines that testimony is needed and sets the matter for an evidentiary hearing, where each side can present and cross-examine witnesses before a final decision.

The other type is known as an adversary proceeding — essentially a separate lawsuit within the bankruptcy case regarding an issue arising from or related to the case. Examples include a trustee suing to recover property (such as to avoid a preferential payment), or a party suing to determine ownership of property or the dischargeability of a debt. In rare cases, where the debtor is involved in a lawsuit outside of bankruptcy, a party may move that case to bankruptcy court and have it heard as an adversary proceeding.

If any of this happens in your case, you need to be represented by an attorney who is experienced and competent to handle these types of contested matters.

Why Us

At the Metro Detroit Bankruptcy Law Group, we take pride in being able to zealously represent people in contested matters and adversary proceedings. Our founder, Stuart Sandweiss, has litigated cases in both bankruptcy and non-bankruptcy courts for over 18 years and is passionate about representing people and defending their rights. Unlike the typical bankruptcy attorney, Mr. Sandweiss is not afraid to stand up to a trustee or challenge a judge in order to protect his clients. Over the years, both judges and opposing attorneys have praised him for his vigorous and unrelenting advocacy.

He goes for the jugular and does not stop squeezing until there is no blood left.— Opposing attorney

If you hire us, we promise to use all the resources of our sister firm, the Metro Detroit Litigation Group, and do everything in our power to protect your rights — shielding you from trustees whose interests are not aligned with yours, and from creditors whose mission is to trap you, take your property, and prevent you from getting the fresh start you deserve.

If you need representation in an adversary proceeding or a contested matter in bankruptcy court (even if we did not file your bankruptcy), call us today at 248-417-9800 or contact us online to speak with an attorney who will take the time to help you and fight for your rights.

Pursuant to 11 U.S.C. § 528 we are required to state that bankruptcy relief is provided in accordance with Title 11 of the United States Code. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.