Las Vegas Adversary Proceeding Attorney 

Resolving Disputes in Bankruptcy Adversary Proceedings

Most bankruptcy matters aren’t adversarial in nature. Sometimes, however, disputes between creditors and debtors can give rise to claims that resemble civil suits. These are known as adversary proceedings or contested matters 

Adversary proceedings are some of the more complex and consequential matters handled in bankruptcy court, and they tend to pit regular people against corporate creditors and trustees who have ample resources and legal support at their disposal. If a Debtor loses in an adversary proceeding, even if they just fail to properly respond, the Bankruptcy Court can determine that the creditor’s debt is not discharged. This means the Debtor still has to pay the debt and can never be rid of it in any future bankruptcy proceeding. The Debtor may be liable for the debt potentially for the rest of the Debtor’s life.  As such, it’s vital for debtors in these predicaments to work with experienced counsel. 

At Fox, Imes & Crosby, LLC, our bankruptcy certified attorneys have over 50 years of collective experience guiding individuals and business owners through all types of bankruptcy-related matters. From filing bankruptcy under Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code to resolving complicated disputes and adversary claims, we deliver top-tier, personalized counsel to help clients navigate their legal journeys and obtain the debt relief they need. 

If you need to file or defend against an adversary complaint in bankruptcy court, our Las Vegas adversary proceeding lawyers can help. We serve clients across the region and offer confidential consultations. Call (702) 941-6320 or contact us online to request your Free Initial Consultation.

What Is an Adversary Proceeding?

An Adversary Proceeding is a lawsuit in bankruptcy court. The most common Creditors likely to bring an Adversary Proceeding against a Debtor are: Disgruntled Ex-Spouses, Bitter Ex-Business Partners, and Creditors who are aggressive and upset. 

As the bankruptcy court’s version of a civil lawsuit, adversary proceedings usually require discovery, extensive evidence, or full-blown litigation. Sadly, most bankruptcy attorneys DO NOT handle Adversary Proceedings. Before hiring a bankruptcy attorney or bankruptcy firm to represent you, you should ask them if they will continue to represent you in an Adversary Proceeding. If they say no, then you are taking a risk that you may be left without legal assistance in an Adversary Proceeding that could literally undo your entire bankruptcy case.  At Fox, Imes & Crosby, LLC, our experienced attorneys will work with you, so you are not left abandoned and facing an Adversary Proceeding alone. 

What Can Trigger an Adversary Proceeding?

Adversary proceedings are typically initiated by creditors, or the trustee over various disputes. Some examples include:

• Preferential Transfers: Also known as preference actions, these disputes focus on payments made to certain creditors before bankruptcy that may be considered preferential. Creditors who received these payments may be sued in an adversary proceeding to return the funds for equitable distribution among all creditors.
• Fraudulent Transfers: Trustees or creditors may initiate adversary proceedings to recover assets they allege were unlawfully transferred by debtors intending to shield them from distribution within two years prior to their bankruptcy filing.
• Dischargeability: If a creditor believes that a specific debt owed to them should not be discharged through bankruptcy, such as debts incurred through fraud or willful misconduct, they may file an adversary proceeding to challenge the discharge of that debt.
• Discharge Objections: Creditors or other parties may object to the discharge of the debtor's entire debt or specific debts based on grounds such as fraud, false statements, or failure to disclose assets. Adversary proceedings are used to litigate these objections. 
• Sale of Jointly Owned Property: Disputes may arise over the sale or disposition of property jointly owned by the debtor and another party. An adversary proceeding may be initiated to determine each party's rights and interests in the property.

How Fox, Imes & Crosby, LLC Can Help

When you are defending against an Adversary brought by a creditor or trustee, our team at Fox, Imes & Crosby, LLC can guide you step by step through the process, from the Filing or Answering of an adversary complaint, through judgement and even appeal if necessary. 

Backed by decades of experience and a passion for helping clients from all walks of life overcome financial constraints, Fox, Imes & Crosby, LLC provides the comprehensive representation individuals and business owners need to navigate bankruptcy cases and any adversary proceedings that arise. 

If you’re facing a bankruptcy-related dispute, our Las Vegas adversary proceeding attorneys can provide support to:

• Construct a customized complaint or defense strategy.
• Facilitate the discovery process and gathering of evidence.
• Negotiate with creditors and trustees to try to resolve disputes without litigation.
• Evaluate options for mediation or other alternative dispute resolution processes.
• Prepare for trial before the bankruptcy court and present the strongest possible case on your behalf. 
• Appeal adverse decisions where appropriate grounds exist to do so. 

Trust Our Proven Bankruptcy Adversary Proceeding Attorneys

Fox, Imes & Crosby, LLC has made it our mission to help folks and families find sustainable solutions to what can seem like insurmountable financial problems. From exploring your options for filing bankruptcy and seeking relief from debt to resolving disputes and challenging issues like adversary proceedings, we offer the full-service support you need to get through these challenging times.

If you have questions about adversary proceedings in your Las Vegas bankruptcy case or wish to learn more about our team and what we might be able to do for you, give us a call at (702) 941-6320 or contact us online to request an initial consultation.