Bankruptcy Litigation Can Present Some Unique ChallengesBankruptcy litigation has unique challenges that are distinct from traditional commercial litigation. You are encouraged to speak to an experienced Melbourne bankruptcy litigation lawyer to navigate your way through bankruptcy court proceedings to obtain an outcome that is favorable to you. Below are just a few of the most common issues presented to debtors in bankruptcy litigation proceedings:
- Bankruptcy proceedings happen fast. Once a bankruptcy petition is filed, it is crucial that you act fast to protect your interest, considering the high financial stake you may have in the case and the large amount of protection that bankruptcy laws provide to debtors. A Melbourne bankruptcy litigation attorney can help you prepare your case for bankruptcy court. We are available to our clients for expedited court filings when necessary.
- Different rules apply to bankruptcy settlements. In traditional commercial litigation, the plaintiff and defendant may settle the case on any terms upon which they agree. However, the judge must typically approve settlements between debtors, creditors, and trustees in bankruptcy court.
- Lack of Confidentiality. In traditional commercial litigation, personal and corporate financial data is typically shielded from public disclosure through protective orders or other requests for confidentiality. However, in bankruptcy court, the financial information of the debtor is disclosed without any requests for protective orders or filings made under seal.
How a Melbourne Bankruptcy Litigation Attorney Can Help YouExperienced Melbourne bankruptcy litigation attorneys help navigate the bankruptcy litigation process and help you develop solutions to protect your interests. Our litigation attorneys advocate for our clients at various stages of a bankruptcy case at the trial and appellate levels. We assist clients with various bankruptcy-related matters including, but not limited to:
- Disputes over cash collateral
- Relief from automatic stays
- Debtor-in-possession financing disputes
- Disputes related to bankruptcy sales
- Litigation on successor liability issues
- Advocacy pertaining to fraudulent transfer actions
- Objections to claims
- Challenges to bankruptcy discharges