Chicago Corporate Bankruptcy Litigation Attorneys
When parties cannot resolve a dispute through skilled negotiation, bankruptcy litigation may be appropriate. Unlike lawsuits in most other civil cases, bankruptcy litigation is a subset of the larger bankruptcy case.
At Jordan & Zito Attorneys at Law, our bankruptcy litigation attorneys have extensive experience representing debtors, creditors and other parties in contested matters.
Business bankruptcy involves more than just numbers. The survival of the company is often at stake. Disputes arise over lien priority or the value of collateral. Parties frequently disagree on reorganization plans. Conflicts also happen over the use of cash or the validity of claims. These issues occur in both liquidation and reorganization cases. Our firm works to resolve these specific conflicts.
Procedural Disputes In Bankruptcy
The bankruptcy process is different from a standard lawsuit in many ways. It includes specific motions that demand quick action. For example, if you own a home you’d like to keep, you might have to take action if creditors try to remove protections against foreclosure. You might also need to assume or reject business leases. Addressing these tasks takes experience, and our team brings decades of practice to these concerns. We know these procedural battles often determine the result of the case, and our firm’s team has the skill needed to take them on.
Litigating Bankruptcy Adversary Proceedings
A bankruptcy adversary proceeding most closely resembles traditional litigation and may involve such matters as:
- A creditor’s objection to a debtor’s discharge. Once the court discharges a debtor in bankruptcy, the discharge erases the obligation to repay the debt. A creditor may file an adversary proceeding arguing that the court cannot discharge the debt because the debtor obtained it through fraud or filed the bankruptcy case in bad faith.
- A debtor’s objection to a creditor’s action. If a creditor violates the statutory protections afforded to the debtor under the bankruptcy code, a debtor may file an adversary proceeding.
- A trustee may claim that a transfer of assets or payments made before the filing of the bankruptcy amounted to a preference – favorable treatment of this creditor compared with that extended to similarly situated creditors – and may seek to have them undone.
- A trustee may also file an adversary proceeding claiming that a transfer of assets before a bankruptcy filing was a fraudulent conveyance or that a transfer made in the year preceding filing was meant to keep assets out of the hands of creditors.
There are also important procedural motions during bankruptcy that need quick attention alongside the various lawsuits.
Contact The Bankruptcy Litigation Attorneys At Jordan & Zito Attorneys at Law
At the Chicago-based business boutique law firm Jordan & Zito Attorneys at Law, we represent debtor companies, creditors and lenders across the United States in business bankruptcy litigation matters.
To find out how Jordan & Zito Attorneys at Law can help you with your business bankruptcy litigation needs, contact Gregory Jordan by calling 312-489-8174 or filling out our online contact form to schedule an initial consultation.
We are a debt relief agency. We help businesses file for bankruptcy relief under the Bankruptcy Code.