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Bankruptcy Adversary Proceeding Attorney in CA

Bankruptcy Adversary Proceeding Attorney in CA

Seasoned Bankruptcy Adversary Proceeding Attorney in CA Fights for the Interests of Clients in Sacramento County, El Dorado County, Placer County, Solano County, Yolo County, and Throughout CA

Bankruptcy can be a powerful tool to enable someone faced with unmanageable debt to get a fresh start towards financial health. Of course, bankruptcy relief also means that other parties may have their rights and interests impaired. This can often lead to a legal dispute that is resolved through a bankruptcy adversary proceeding. Bankruptcy adversary proceedings are highly complex legal processes. Turn to a bankruptcy adversary proceeding attorney in CA from Cianchetta & Associates to guide you through the complicated court procedures and complex factual and legal issues in your case.

Our full-service law firm is dedicated to assisting clients through their legal problems from start to finish. How you ended up needing legal help does not matter; what is important to us is solving your problems. We strive to offer a personalized approach to working with you while still providing the quality, effective legal representation you need to get the best possible results in your case. Our firm will evaluate the circumstances of your case, identify effective paths to move forward, and advocate for you at the negotiating table and in court. 

Don’t leave your rights to chance in a bankruptcy adversary proceeding. Get the seasoned legal help you need to protect your interests. Reach out to Cianchetta & Associates today for a free initial case review to speak with a bankruptcy adversary proceeding attorney in CA about your legal options.

Types of Bankruptcy Adversary Proceeds Our Firm Can Help With

A bankruptcy adversary proceeding can be initiated to resolve any kind of dispute involving a bankruptcy. At Cianchetta & Associates, we represent clients who are engaged in adversary proceedings involving:

  • Efforts by creditors to recover money or property, usually by claiming that assets were fraudulently transferred by a debtor or that a payment constituted a preferential transfer
  • Determinations of lien status and priority or other property interests in the debtor’s assets, including stripping junior liens from assets to treat them as unsecured debt
  • Severing debtors’ interests in jointly owned property
  • Modifications of the bankruptcy court’s discharge order, which erases a debtor’s obligation to pay certain debts
  • Disputes over the qualification of certain debts to be discharged
  • Requests for injunctive relief, usually to stop the debtor from completing some transfer or transaction or to halt the implementation of a bankruptcy plan
  • Changing the order of creditor payments
  • Obtaining declaratory judgments, which provide binding legal rulings on some issue or dispute
  • Transferring the bankruptcy action to another federal district

In addition, we assist clients in bankruptcy adversary proceedings arising from legal disputes that, but for the bankruptcy, would have been filed as a civil lawsuit, such as breach of contract actions, tort actions, or corporate governance disputes

How Can a Bankruptcy Adversary Proceeding Attorney in CA from Cianchetta & Associates Guide You in Bankruptcy Litigation?

To give yourself the best chance at a favorable outcome in a bankruptcy adversary proceeding that you are a part of, turn to Cianchetta & Associates to get help from an experienced bankruptcy adversary proceeding attorney in CA. When you choose our firm for your case, you can expect your attorney to:

  • Carefully examine the facts and circumstances underlying the proceeding to help you understand your legal rights and to identify tailored legal strategies targeted to pursuing the results you want and deserve
  • Communicate with the adverse parties on your behalf to try to reach a favorable resolution or settlement of the legal dispute
  • Manage every step of the adversary proceeding on your behalf, including drafting and filing pleadings and conducting discovery
  • Advocate on your behalf in court and at trial to fight to secure the best possible outcome for you in your case. 

Contact Us for a Confidential Consultation to Discuss Your Legal Options with a Knowledgeable Bankruptcy Adversary Proceeding Attorney in CA from Our Firm

When you may have a bankruptcy adversary proceeding or already find yourself in the middle of litigation, get experienced legal representation to advocate for your interests. Contact Cianchetta & Associates today for a free, no-obligation case evaluation to learn more about how a bankruptcy adversary proceeding attorney in CA can guide you through the litigation process. 

Frequently Asked Questions about Bankruptcy Adversary Proceedings in CA

Who can file a bankruptcy adversary proceeding?

A bankruptcy adversary proceeding may be filed by anyone who has an interest in the underlying bankruptcy or in the bankruptcy estate. This includes the bankruptcy trustee, who may file a proceeding to recover preferential or fraudulent transfers or to force third parties to turn over property belonging to the bankruptcy estate, or the debtor who may file a proceeding to remove liens or discharge certain debts, or creditors and alleged creditors who may file a proceeding to secure their right to recover from the debtor.

When must a bankruptcy adversary proceeding be filed?

The rules governing when a bankruptcy adversary proceeding must be filed are highly complicated and depend on the underlying nature of the dispute. For example, proceedings to determine dischargeability of debts or to object to bankruptcy plans must be filed within a matter of weeks, while proceedings involving underlying civil causes of action may be subject to normal statutes of limitations. A bankruptcy adversary proceeding attorney in CA from Cianchetta & Associates can help you determine the timeliness of any proceeding you may be involved in.

What are the steps in a bankruptcy adversary proceeding?

A bankruptcy adversary proceeding begins when the party who initiates the proceeding, known as the plaintiff, files a complaint with the bankruptcy court against the defendant, who is usually the debtor but could also include the bankruptcy trustee or third-party transferees of debtor property. After receiving the complaint, the defendant(s) will file an answer admitting or contesting each allegation in the complaint. After the pleadings have been filed, the parties engage in a process known as discovery that involves the exchange of evidence, documents, and information along with taking depositions of relevant witnesses. Assuming the adversary proceeding is not settled or dismissed, it will eventually reach a hearing before the bankruptcy court where the parties can present their evidence and arguments, based on which the bankruptcy court will issue a judgment deciding the case.

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Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!

- Jack M.
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