A bankruptcy case is an umbrella that may encompass many individual pieces of litigation. Under the terminology of the bankruptcy law, these pieces are called adversary proceedings or contested matters.
Adversary proceedings are commenced by the filing of a complaint. These actions may be based on attempts to recover money or other property of the bankruptcy estate; litigation to determine the validity, priority or extent or liens or other interest in property; requests for declaratory judgments or injunctions; determination of dischargeability of a debt, among other examples.
Contested matters are matters that arise directly within the main bankruptcy case when a party in interest objects to relief being sought. Typical examples of contested matters are a creditor’s applications for relief from the automatic stay that a debtor seeks to block, or the confirmation of a plan of reorganization to which creditors object.
We have experience in all types of bankruptcy litigation. We have represented parties in adversaries proceedings to recover property of the estate under many theories, including preferences (under Section 547 of the Bankruptcy Code, payments received within 90 days for common creditors, and one year for a special group of creditors deemed insiders of the debtor can be recovered by a debtor or trustee as preferential transfers); and fraudulent conveyances under Section 548 and 544 of the Code. We have also represented clients in contested matters seeking relief from stay, hearings regarding rejection of collective bargaining agreements, objections to proofs of claim, among others.
If you are embroiled in any type of adversary proceeding or contested matter within a bankruptcy, our attorneys can advise you on how to protect your rights. From our Manhattan office, we have easy access to the bankruptcy courts in the Southern and Eastern District (Brooklyn). We are a short train ride away of White Plains branch of the Southern District of New York Bankruptcy Court and the Central Islip branch of the Eastern District. We are also a short train ride away from the District of New Jersey Bankruptcy Courts in Newark and Trenton.