Motions & Adversary Hearings

Representing creditors, trustees and bankruptcy filers

Adversary proceeding hearings are lawsuits within a bankruptcy case. They can be a suit, by a credit card company for example, to determine whether a debt is dischargeable; allegations of fraud or intentional misrepresentation; or a trustee's actions to recover gifts or payments to relatives.

If you have been served with a summons or notified that you are being sued by a creditor or trustee, you must take immediate legal action. Call Patriot Bankruptcy at 888-453-3453 or contact us online to schedule an appointment at one of our 14 offices statewide.

Motions and adversary hearings in bankruptcy court

There are several situations in which a party within a bankruptcy proceeding might file an adversary proceeding:

  • The creditor may argue that a debt owed should not be discharged in bankruptcy due to an exception such as fraud, willful or malicious injury, or that the bankruptcy was filed in bad faith.
  • The bankruptcy trustee may argue that schedules were completed improperly or were intentionally fraudulent or done in bad faith, and he or she may attempt to recover funds or property paid to a creditor.
  • The debtor (bankruptcy filer) may file a claim against a creditor to recover damages for an automatic stay violation.

Has your bank filed an adversary proceeding alleging bad faith?

If your bank is alleging that you used bad faith in making charges, withdrawals or transfers just prior to filing for bankruptcy, defending a lawsuit can become problematic. Because only good faith debtors are entitled to debt discharge, claims that you exhausted whatever credit line you had without ever intending to repay it requires a strong defense.

At Patriot Bankruptcy, our lawyers fight these cases by filing counterclaims and aggressively filing motions using discovery demands. Most often, we notify the creditor that we fight cases through trial and seek costs and attorney fees on our clients' behalf. We provide representation in all three Massachusetts bankruptcy courts — Boston, Springfield and Worcester.

Let our Massachusetts bankruptcy attorneys fight for you

Although you technically do not need legal counsel to represent you during bankruptcy, bankruptcy laws are complex. If you represent yourself, you will not get any special consideration by the court. Let our knowledgeable attorneys provide you the representation and guidance you need. Our law firm can help you with:

Contact one of our adversary proceedings attorneys today. Call 888-453-3453 or contact us online to schedule an appointment at one of our local offices.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

NACBA | National Association of Consumer Bankruptcy Attorneys | Boston Bar Association | MBA | American Bankruptcy Institute | NCLC | National Consumer Law Center