Irvine Bankruptcy Litigation Attorneys

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During your bankruptcy process, you may need to go through an adversary proceeding. An adversary proceeding is a lawsuit filed by the debtor, one of their creditors, or even the panel or federal trustees.

Adversary proceedings can be extremely complex litigation procedures, which is why it is crucial to get in touch with our bankruptcy litigation lawyers in Irvine right away. In many cases, both creditors and debtors face difficult decisions in determining the appropriate course of action. Here at McFarlin LLP, we are fully equipped to help you navigate the entire process with care and efficiency.

Contact us online or call (F:P:Sub:Phone} so we can help you resolve your bankruptcy litigation issues as soon as possible.

What Can Cause an Adversary Proceeding?

The cause of an adversary proceeding depends on who files it. If you are a creditor, for example, you may file an adversary proceeding because you believe the debtor is simply using bankruptcy to avoid paying their debt. In some cases, our attorneys may be able to prove that the debtor never intended on paying a debt back, planning to fraudulently use bankruptcy to discharge or minimize the debts they accrued.

Alternatively, you may file bankruptcy only to face an adversary proceeding filed by a creditor who accuses you of the above scenario. In this case, we can defend you against such allegations and help ensure you retain access to the full benefits of bankruptcy.

Because we have represented parties on both sides of the aisle, we bring a multi-faceted perspective to each case. Our understanding of each party’s motivation allows us to navigate the system and present your case with effectiveness and care.

Other Forms of Support We Offer

In addition to adversary proceedings, we help our clients with a number of other scenarios, including:

Fraudulent conveyance actions – If you have recently transferred funds to a third party, bankruptcy trustees might claim that you are trying to avoid creditors’ due collection—even if you are sending an innocent gift to a family member or friend.

Nondischargeability actions – Certain forms of criminal behavior, such as misrepresentation or fraud, can bar you from the fresh start of bankruptcy. Creditors may use your record to prevent you from obtaining debt forgiveness.

Objections to discharge – These are similar to nondischargeability actions, but the penalty would involve barring the defendant from obtaining a discharge of any debt.

Preferential transfer actions – This protects creditors who are in danger of losing payments when a debtor was designated as insolvent. It safeguards them from being accused of preferential transferal allegations in the scenario where creditors did not know a business was failing and concealing its inability to pay back its debts.

Experienced & Compassionate Support

Going through the challenging process of bankruptcy litigation can feel overwhelming, especially on top of the stress of your financial situation. Remember that the team of McFarlin LLP is at your side, ready to handle any conflict with both delicacy and strength.

Contact us online or call (949) 570-5025 for experienced support from our bankruptcy litigation attorneys in Irvine.

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