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Adversary Proceedings

Knowledgeable California Bankruptcy Lawyer Provides Representation for Adversary Proceedings

Seasoned attorney vigorously advocates for a proper resolution

When a debtor files for bankruptcy, they are seeking to discharge debt and/or establish a plan that will hold off creditors as they seek financial stability. However, bankruptcy is not a unilateral process. The creditors have a say in the matter, and sometimes they object to the terms sought by the filing party. There might be an opportunity to negotiate a resolution, but when this process fails, the creditor can initiate an adversary proceeding.  At Gates Law Group, A Professional Corporation in Fresno, Attorney Glen Gates has extensive experience representing debtors and creditors in Bankruptcy Court adversary proceedings. Drawing on that deep knowledge of bankruptcy procedure and substantive law, our firm finds creative, effective ways to support our clients’ positions. No matter how complex or contested the situation is, we prepare meticulously at every phase of the process and advocate vigorously for your rights under the law.

What is an adversary proceeding under the Bankruptcy Code?

Certain bankruptcy issues, referred to as contested matters, do not require extensive discovery or litigation before the judge makes their decision. However, there are disputed issues of such import that parties are willing to commit resources to litigation. In such a case, the aggrieved party files a lawsuit, which is called an adversary proceeding.

Issues that are the frequently the subject of adversary proceedings include:

  • Dischargeability of debt — A creditor can object that debt is not dischargeable for a variety of reasons, including fraud. If someone ran up debt on credit cards, knowing they were going to file for bankruptcy, it would be fraud against the card company, and the filer could not discharge the debt through bankruptcy.
  • Prioritization of creditors — Creditors who feel they’ve been wrongly subordinated to others can file a complaint to be repositioned.
  • Fraudulent transfer — If a debtor has committed a fraudulent transfer to place property outside the reach of creditors, those creditors can sue to have the property returned to the bankruptcy estate.
  • Preferential transfer — If a debtor has shown preference in repaying debt to insiders, other creditors can have that money returned to the bankruptcy estate for redistribution.
  • Lien stripping — A debtor with two mortgages, who owes more on those loans than the property is currently worth, can sue to have the second mortgage treated as an unsecured loan, so the debt will be discharged.
  • Student loan discharge — A debtor suffering such financial hardship that they cannot maintain a minimum standard of living while repaying student loans can sue to have a balance treated as dischargeable debt.
  • Sale of joint property — A trustee liquidating an estate may sue to force the sale of jointly owned property.

Whatever your issues, you want your bankruptcy lawyer to be up to the task of representing your interests and upholding your rights. Attorney Glen Gates has the knowledge, experience and skill to develop a strong case on your behalf.

Contact a dedicated California bankruptcy lawyer for a consultation

Gates Law Group, A Professional Corporation represents bankruptcy clients in adversary proceedings. Please call 559-432-9944 or contact us online to schedule a consultation. We serve clients at our main office in Fresno as well as locations in Paso Robles and Visalia.

COVID-19 Notice

These are unquestionably difficult times. We understand the word "crisis". Usually, people do not come to us just to say hello. They come with their problems and we have to respond quickly. We understand they need help.

The problems do not stop because of the presence of the COVID-19. Assistance from our office will continue. We have the technology available to provide our clients with continued quality legal services in order to protect their interests. We can meet our clients virtually whether by telephone or video. We can meet our clients in person but with special arrangements and implemented safeguards.

In spite of the pandemic, life does not stop. You may continue to have legal needs. Some people will have greater needs than others. We stand ready to help whatever the circumstances.

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Allowing us to help you is a privilege we take very seriously. Gates Law Group, A Professional Corporation Tough. Competent. Understanding.

Our Office
  • Fresno Office
    2445 Capitol St
    Ste 150A
    Fresno, California 93721
    Phone: 559-432-9944
    Fax: 866-740-6678
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