In representing trustees and other fiduciaries, our law office, located in Denver, Colorado, has substantial experience investigating, commencing, and prosecuting these types of claims. Further, we defend defendants in this litigation and even represent litigation targets after they receive a demand letter from estate fiduciaries, often threatening a lawsuit if payment on the alleged claim amount is not received within a certain number of days.Call 303.996.8637
Bankruptcy litigation often involves complex financial transactions where cases must be prepared relatively quickly. Litigation typically arises through contested matters and adversary proceedings, which are related proceedings in bankruptcy court to further the administration of bankruptcy estates.
Most relief sought in a bankruptcy case comes by way of motion or objections, such as:
If the sought relief draws a timely objection or response that opposes the relief, a contested matter arises.
Another way that relief can be pursued is via adversary proceedings, which are lawsuits commenced in bankruptcy court that largely incorporate certain Federal Rules of Civil Procedure. They are generally used to recover property in order to redistribute money to creditors in accordance with the priority of payment scheme under the Bankruptcy Code, but also may provide for other relief. Some of these adversary proceedings include:
There are several types of claims available to trustees and other bankruptcy estate fiduciaries that are filed to attempt to bring money into bankruptcy estates for ultimate distribution to creditors. Frequent ones are preference claims pursuant § 547 of the Bankruptcy Code and fraudulent transfer claims pursuant to §544 and § 548 of the Bankruptcy Code. In addition, trustees and other fiduciaries have the power to bring certain state law claims.