Bankruptcy Litigation
In an environment where litigation risk is constant, protecting your rights as a creditor requires a strategic and assertive legal partner.
Our firm focuses on engaging in bankruptcy litigation that enforces creditor claims, mitigates risk, safeguards collateral, and maximizes recoveries in even the most contested proceedings.
From pursuing nondischargeability and revocation of discharge to defending student loan non-dischargeability, stay violations, motions for turnover, and preference actions, we bring deep experience and a results-oriented approach to every case. We promise to deliver our clients the focused advocacy and decisive action needed to protect your position and ensure your voice is heard in bankruptcy court.
Our Services Include
Analysis of the Case
At the outset of representation, your claim will be fully analyzed by a Weltman attorney to determine the best course of action to protect your interests, including the available causes of action, the anticipated costs, and the likelihood of success, which will be communicated to you in advance of commencement of work.
Fraud-Based Claims
If you believe the debt owed to you was the result of fraud or misrepresentation by the borrower, or if you believe your borrower is being less than forthright with the Bankruptcy Court, you may have grounds to object to the dischargeability of your debt or to the entire discharge. Our team of experienced bankruptcy litigators can counsel you on your options and prosecute non-dischargeable actions on your behalf in an aggressive manner, while still keeping your bottom line in mind.
Preference Defense
Creditors who receive payments from a debtor within the 90 days prior to a bankruptcy filing may receive a demand for return of funds if it is believed that you were preferred over other creditors. Weltman’s attorneys are well-versed in the intricacies of preference claims and the defenses available to you as the creditor. We will aggressively assert your defenses and make every effort to limit your exposure.
Defense Against Alleged Stay Violations and Discharge Injunction
Despite your best efforts to monitor your accounts for bankruptcy filings and discharge orders, mistakes still happen! If you find yourself in the position of receiving a motion alleging that you have violated the automatic stay or the discharge injunction, don’t panic! Weltman’s experienced team of bankruptcy litigators will review the situation with you, provide sound legal advice as to your potential defenses and options and then work on your behalf to either exonerate you or to limit your exposure, all while protecting your brand.
Student Loan Dischargeability Defense
While student loans are presumed to be non-dischargeable, a debtor can attempt to discharge the student loan by filing an adversary proceeding in the bankruptcy case. Our experienced litigation team can advise you on your rights and the available defenses and can litigate these matters up through and including a contested trial.
