Adversary Proceedings
Delaware Adversary Proceeding Bankruptcy Attorney
Bankruptcy adversary proceedings are suits filed in bankruptcy court by a bankruptcy debtor, trustee or creditor outside of the main bankruptcy case. Our firm represents creditors in adversary proceedings.
We offer counsel to protect our clients' interests in bankruptcy. Contact our law office today.
Process of an Adversary Proceeding
Any action brought outside the bankruptcy by a party to a bankruptcy case is an adversary proceeding. Under the Bankruptcy Code, an adversary proceeding may be filed separately from the main bankruptcy case for specific reasons, including:
- Breach of contract
- Preference action
- Avoidance action
- Fraudulent transfer
- Dischargeability of debt
- Injunctive or other equitable relief
- Recovery of debt or property
While adversary proceedings are usually initiated by the debtor or the U.S. trustee, creditors may also initiate adversary proceedings to determine the validity or priority of a lien, the validity of a debt, to obtain an injunction, or to subordinate a claim of another creditor. A creditors' committee may be authorized by the bankruptcy court to pursue certain actions that the debtor has failed to pursue.
Creditors' Rights Lawyers in Delaware
To allow us to best protect creditors' rights, we encourage creditors to contact us upon receipt of a summons and complaint. Upon receipt of the complaint, creditors, who are often out of state, have limited time to respond to an adversary complaint.
The bankruptcy lawyers at Casarino Christman Shalk Ransom & Doss, P.A. frequently represent out-of-state clients in adversary proceedings. We are prepared to respond quickly. We keep out-of-state clients informed of the progress of the case and advise clients on ways to protect their rights during a Delaware bankruptcy.
Contact us to schedule an appointment to discuss creditors' rights in bankruptcy.
Casarino, Christman, Shalk, Ransom & Doss has achieved an AV-rating from our peers in the Martindale-Hubbell Peer Review RatingTM process. CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.