Cases involving bankruptcy seldom go swiftly and easily. Here are some things to be aware of if you live in New York and are going through the bankruptcy procedure.

When the Courts Must Intervene

A bankruptcy trustee handles the administrative portion of the process, but there are several reasons why you might have to appear before a judge, which is why choosing the appropriate bankruptcy attorney is crucial.

You can find yourself in an adversarial proceeding, which is handled concurrently with your bankruptcy case, if there are any suspicions that fraud is occurring. If not, you could have to deal with Contested Motions. The following are the ways that the two differ:

Contested Motions Adversary Proceeding
Usually are routine matters that come up in regular bankruptcy proceedings Non-routine, serious matters including charges of fraud; can be used to discharge your case
Less formal; discussion and negotiation based More formal; litigation based
Is considered part of your existing bankruptcy case; uses the same case number While part of your bankruptcy, it is considered a separate judicial procedure and has a different case number

Click here to learn more about the Adversary Proceedings here.

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Contested Bankruptcy Motions

These are several types of contented motions, some examples of which:

  • Motions for Relief from the Automatic Stay
  • Motions to Convert a Case
  • Motions to Amend a Confirmed Plan
  • Motions Objecting to a Proof of Claim

Motions for Relief from the Automatic Stay

This is one of the most common contested bankruptcy motions. As soon as you declare bankruptcy, an automatic stay prevents your creditors from trying to collect what you own. This motion is what they will use to try and convince a judge that their specific debt shouldn’t be covered by the stay.

Motions to Dismiss

This can occur if your bankruptcy trustee or creditors feel that your bankruptcy case is not viable, fraudulent, or you are declaring the wrong type of bankruptcy.

Motions to Convert a Case

This can happen in one of two ways. You yourself can ask to convert one type of bankruptcy to another (if you thought you could reorganize via Chapters 11 or 13 and realized that you need Chapter 7 instead). Or the motion can come from the bankruptcy trustee or creditors if they feel you are unable to meet the demands of your original filing.

Motions to Amend a Confirmed Plan

Going through a reorganization through Chapters 11 or 13 can take years. If things change for you over this time, your bankruptcy plans may need to change. You and your bankruptcy attorney would need to make a motion in order to modify your original plans, which may trigger objections from your creditors.

Motions Objecting to a Proof of Claim

As part of the bankruptcy process, your creditors will file a Proof of Claim to document what you owe them. With the right bankruptcy lawyer in your corner, you may be able to object to aspects of a creditor’s Proof of Claim in order to negotiate the debt into something more favorable to you.

You can learn more about contested bankruptcy motions here.

What to Do Next

Since there are so many variables in each bankruptcy case, the best option you have is to contact an experienced bankruptcy lawyer to get advice on your particular situation. Reach out to New York bankruptcy attorney Ronald D. Weiss, PC for a free consultation. He can tell you what you need to know about the New York bankruptcy process, and help you get your case started. Call 631-203-1730 and take the first step to a fresh start.

LAW OFFICE OF RONALD D. WEISS, P.C.