New York New York Adversary Proceedings Attorneys
During a bankruptcy case, trustees, creditors and debtors may enter into litigation, known as an adversary proceeding. This process is used most often when there were voidable transfers or fraudulent conveyances. These transactions often involve payments made to creditors within the 90 days preceding the filing of a bankruptcy, known as the preference period. The adversary proceeding may also be brought to question the dischargeability of a debt or to undo transfers of property within six years object to discharge, amongst others.
At the law office of Rosenberg, Musso & Weiner, our lawyers represent debtors and creditors in preference actions and fraudulent conveyance actions. We regularly work with experienced forensic accountants, financial professionals, tax experts, and investigators when sorting out our clients’ bankruptcy cases. During preference actions, we examine historical bank record to determine the best defense to a preference action. In fraudulent conveyance actions, we examine financial records, property records, and other asset reallocation to give you the best defense to any fraudulent conveyance action.
We can represent you if you have had an adversary proceeding filed against you or help you to file one to avoid further delays and unwanted legal problems. To schedule an appointment to discuss your case, contact our bankruptcy adversary proceedings lawyers at the law office of Rosenberg, Musso & Weiner today.
Motions for Relief from Stay
Debtors facing foreclosure may file for bankruptcy in an effort to protect personal or business property. Often, as the case with motor vehicles, the debtor will be required to turnover the property to the creditor, as they have no equity in the property and it is of no value to the bankruptcy estate. Nonetheless, the creditor still must have permission of the court to recover the vehicle and must file for relief from the automatic stay.
Our attorneys will quickly file for relief and obtain the court’s permission, enabling creditors to efficiently recover and sell as soon as possible their rapidly depreciating security interest. Property is typically returned to creditors, if the debtor does not have equity in it or it is uninsured. Alternatively, in cases where the “equity cushion” – the difference between the value of the property and the claim of a creditor on it – is minimal, a debtor may be required to make payments in order to avoid foreclosure.
At Rosenberg, Musso & Weiner, we counsel and represent parties in actions involving adversary proceedings involving home, personal and business properties. We prepare and file all necessary paperwork, providing documentation for the court regarding a property’s status, it’s value, and the claims against it.
Contact Experienced Bankruptcy Attorneys
If you need legal counsel or representation in your bankruptcy case, contact the law office of Rosenberg, Musso & Weiner today. As a law firm dedicated exclusively to bankruptcy law, our attorneys have 60 years of combined experience with bankruptcy law practice, we understand adversary proceedings and the challenges they present. We have the resources and knowledge needed to assist you – call today 718-855-6840.