Bankruptcy Litigation Lawyers in Boulder
We Protect Our Clients’ Rights & Interests In & Out of the Courtroom
Our bankruptcy practice extends to litigation. We represent both plaintiffs and defendants in adversary proceedings in bankruptcy court. This includes litigation to determine dischargeability of debts under section 523 of the Bankruptcy Code and complaints to determine discharge under section 727. Our lawyers also are familiar with pre litigation procedures in bankruptcy including examinations under Rule 2004 of the Bankruptcy Code.
Challenging the Dischargeability of Certain Debts in Bankruptcy
Individuals file for bankruptcy to obtain a discharge, or legal forgiveness of their debts. However, creditors can challenge the dischargeability of debts owed to them that are incurred dishonestly, i.e. through fraud. Most bankruptcy litigation regarding dischargeability of debt revolves around the circumstances under which the debt was incurred and whether the debtor’s conduct in obtaining the debt was dishonest. The attorneys at Goff & Goff, LLC have extensive experience in handling bankruptcy litigation.
Denial of Discharge (11 U.S.C. Sec. 727)
Debtors are required to complete a number of tasks in order to receive a bankruptcy discharge. Among the requirements imposed upon them is that they must accurately list their assets and debts. In addition, the debtor is required to answer several questions regarding past financial transactions. Sometimes debtors do not provide accurate answers to all the questions which can imperil their eligibility to receive a discharge at all. Denial or revocation of a bankruptcy discharge is a serious sanction because if this occurs, NONE of the filer’s debts are discharged, and the purpose of the bankruptcy filing is defeated.
Normally, this type of litigation can be avoided by doing thorough work at the beginning of the case to make sure the debtor has not overlooked a transaction or asset. However, creditors sometimes seek to use errors made by debtors to argue that the debtors should not receive a discharge.