The bankruptcy process often involves the determination of rights or interests through a direct legal action that is called an “adversary proceeding.” In simple terms, an adversary proceeding is a complaint filed in the United States Bankruptcy Court, to determine some of the following issues:
- The right of the Debtor to the bankruptcy discharge
- The right of the Debtor to discharge certain debts
- The validity, priority and extent of certain creditors’ liens against certain assets
- The avoidance of certain transfers and the recovery of certain assets that are voidable under applicable law
- The avoidance and recovery of preferential transfers, which are transfers made on account of an antecedent debt, made during certain time periods prior to the bankruptcy filing, depending on the nature of the relationship between the debtor and the transferee.
- Successor liability or alter ego liability matters
Bankruptcy litigation is similar to other litigation in Federal Court in that the Federal Rules of Civil Procedure apply to many of the proceedings. However, the litigation is conducted in the United States Bankruptcy Court, unless determined otherwise.
The attorneys at Leiderman Shelomith Alexander + Somodevilla, PLLC have considerable experience in bankruptcy litigation, representing debtors, creditors, trustees and third parties. Our attorneys have conducted trials and evidentiary hearings, and have also briefed and argued bankruptcy appeals to the United States District Court.