When you hear people talk about bankruptcy “court”, in Dallas or elsewhere, they are generally referring to the bankruptcy process. Most personal bankruptcy debtors, either Chapter 7 or Chapter 13, never actually go before a judge.
The primary exception is the adversary proceeding. The adversary proceeding occurs when a judge is called upon to solve a dispute between parties in a bankruptcy. The dispute may be between the debtor and the trustee, the debtor and a moneylender, or some combination thereof. Common adversarial proceedings include:
- The motion for turnover
- The motion for relief from stay
- Objections to the plan or to debt discharge
The motion for turnover is most common in Chapter 7 cases, when the trustee has found an asset (usually cash) which s/he believes can be “turned over” to the trustee for distribution to unsecured creditors. The motion for relief from stay is used by secured creditors who wish to proceed with actions against the debtor, such as repossession or foreclosure. Objections may be filed by a moneylender or the trustee, if they disagree with the debtor’s classification of a debt or an asset.
The experienced bankruptcy attorneys at Henley and Henley can anticipate the commencement of an adversary proceeding, and they will be ready to meet this challenge head on. If you are looking for a competent and aggressive lawyer to handle your bankruptcy, call today for your free consultation.