Experienced Bankruptcy Attorneys to Contest Your Case in Maryland Bankruptcy Court
Bankruptcy is designed to give you a fresh financial start by eliminating some debts and reorganizing the ones that you still must repay. Creditors generally do not like bankruptcy, as they have gone to Congress repeatedly and have asked to change the rules. If a moneylender files an opposition to your petition or plan, or you are faced with a lien dispute, contact our experienced Maryland bankruptcy attorneys to protect your best interests via litigation.
What is Bankruptcy Litigation?
Bankruptcy litigation, broadly defined, is any matter that is not initiated by the debtor’s attorney. Some common litigation topics include:
- Motion for turnover — The moment your petition is filed, technically speaking, all of your nonexempt property belongs to the bankruptcy estate. If you have $5,000 in your checking account, the bankruptcy trustee may file a motion demanding that you turn that money over for distribution among your creditors. These issues are most common in Chapter 7 bankruptcies, although they also come up in the occasional Chapter 13 litigation.
- Motion for relief from automatic stay — If a moneylender is attempting to foreclose on or repossess your secured property and that effort is stopped by your Maryland bankruptcy filings, the moneylender may file a motion with the court asking for special permission to proceed with its adverse plans. The moneylender typically argues that, because of a technicality or the amount that is past due, the automatic stay is inapplicable.
- Objections to discharge and objections to the plan — Sometimes these motions are filed by the trustee, claiming that the Chapter 13 plan is underfunded. Sometimes these motions are filed by a moneylender, claiming that the property is nonexempt or the debt is not dischargeable.
Does Every Bankruptcy Case Go Through Litigation?
Not every case is contested. In fact, the majority of bankruptcy cases are uncontested. Going through the entire case and never even appearing before a judge is not unusual. Case management is totally delegated to the bankruptcy trustee unless an objection requires the case to go to court.
What is the Bankruptcy Litigation Process?
Whereas most non-bankruptcy disputes may take years to resolve, most consumer bankruptcy litigation matters come to an end much sooner. Consumer bankruptcy does not typically require written discovery and depositions, and preliminary hearings are very few or are not needed. Very often, you and the trustee or moneylender are able to work out a compromise.
If you have any further questions, or you’re ready to work with experienced bankruptcy attorneys in Maryland who are ready to fight for you, then call Goren & Tucci today at 301-977-4300, or fill out the contact form to get in touch.