Common Litigation Associated with Bankruptcy

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"Lift" Stay Actions:
When a bankruptcy is filed, § 362 of the Bankruptcy Code imposes an automatic stay that prevents certain actions from being taken against the debtor without first obtaining approval from the Bankruptcy Court.  At T&P Law, we can assess your situation to determine if cause exists to obtain the necessary approval for you or your company to continue to pursue such actions as foreclosure, repossession, garnishment, collection actions against a co-debtor, etc.

Discharge of Debt Actions:
Creditors receive notice of a bankruptcy filing in the mail and often don't know their rights.  In some cases, creditors may be able to file a lawsuit (called an "adversary proceeding") against the debtor seeking to preserve their debt as non-dischargeable.  At T&P Law, we can review the financial condition of the debtor, as well as the circumstances surrounding the money that you are owed to determine whether grounds for a cause of action on your behalf exist.  

Discharge Injunction Violations:
When a discharge is entered on behalf of a bankrupt debtor, an injunction is imposed that prevents creditors whose debts have been discharged from taking certain actions against the debtor.  Often times, whether through excusable neglect or otherwise, creditors fail to listen.  At T&P Law, we can take action on your behalf to uphold the discharge injunction, seek monetary damages and protect you from further harassment.  

Automatic Stay Violations:
In contrast to the Automatic Stay Actions described above, debtors may also have rights against creditors who do not abide by the automatic stay and take actions against the debtor without obtaining the necessary court approval.  At T&P Law, we diagnose whether creditors have acted improperly and determine whether an action for damages should be filed.