Bankruptcy litigation typically takes three forms. First, a debtor may be sued by a creditor inside the bankruptcy. This may occur if there is an allegation of fraud, breach of fiduciary duty, DUI, or an intentional tort, such as assault and battery. In this context, the creditor askes the court to find that the creditor’s debt/claim is non-dischargeable. The elements of the claim and standards of proof in bankruptcy may be very different than in state court. Mr. Speckman has extensive experience representing both debtors and creditors in such cases.
The second category of case is typically filed by the trustee against a debtor seeking an order denying the debtor any discharge. This type of case may arise if the debtor is accused of failing to properly disclose an asset or is thought to have acted in bad faith.
The third category of bankruptcy litigation usually takes the form of a “turn over” action whereby a trustee or creditor sues the debtor or a third party seeking to recover an asset transferred by the debtor to another without fair consideration. For example, if a debtor transferred title of his classic 1969 fast-back Mustang to a friend a month before the case was filed, the trustee could sue the friend to get the title of car back into the debtor’s name. The trustee would also sue the debtor and ask that the debtor be denied the ability to exempt the car’s value – a double whammy.
Mr. Speckman has over twenty years of experience litigating cases. He knows the intricacies of bankruptcy litigation. Whether you are a debtor, third-party recipient, or aggrieved creditor, Mr. Speckman can help. Call for a free consultation.