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.
★★★★★
Outstanding! I did a thorough search looking for a good, honest attorney that I could trust, looking at many reviews. I found Peter and made an appointment with him. The best decision and best attorney I’ve done business with in my entire life.
- James M.
★★★★★
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.
★★★★★
Great Lawyer in Elk Grove. He helped me with a bankruptcy a few years ago and is still very helpful in answering any questions I have about it. I have also spoken with him regarding family law and estate issues. He’s very patient and is willing to take the time needed to explain everything to me so I can understand it. He’s also very quick to respond. I have already recommended him to many of my friends and family.
- Kathleen
★★★★★
During a rough time in my life, Peter was there to comfort me and make sure everything will turn out ok. Peter took great care of all my needs and handled every matter with professional care. I would highly recommend Peter because he CARES. You're not a turn-and-burn case. Peter has followed up with me to make sure things are going smoothly and on the right track. If you want a fresh start with an honest, upfront, caring team… Peter Cianchetta should be and will be your only call. Thanks Peter for all your help getting me a fresh start.
- Dante M.
★★★★★
Peter Cianchetta is the best attorney in town! He assisted me all the way through my bankruptcy. He never let me feel as if I was bothering him with my hundred questions. He was very informative and made me feel very comfortable throughout my whole case. I would definitely recommend him to anyone who is in need of a good lawyer that knows what he’s doing and gets the job done!
- Angela
★★★★★
Outstanding! I did a thorough search looking for a good, honest attorney that I could trust, looking at many reviews. I found Peter and made an appointment with him. The best decision and best attorney I’ve done business with in my entire life.
- James M.
★★★★★
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.
★★★★★
Great Lawyer in Elk Grove. He helped me with a bankruptcy a few years ago and is still very helpful in answering any questions I have about it. I have also spoken with him regarding family law and estate issues. He’s very patient and is willing to take the time needed to explain everything to me so I can understand it. He’s also very quick to respond. I have already recommended him to many of my friends and family.
- Kathleen
★★★★★
During a rough time in my life, Peter was there to comfort me and make sure everything will turn out ok. Peter took great care of all my needs and handled every matter with professional care. I would highly recommend Peter because he CARES. You're not a turn-and-burn case. Peter has followed up with me to make sure things are going smoothly and on the right track. If you want a fresh start with an honest, upfront, caring team… Peter Cianchetta should be and will be your only call. Thanks Peter for all your help getting me a fresh start.
- Dante M.
★★★★★
Peter Cianchetta is the best attorney in town! He assisted me all the way through my bankruptcy. He never let me feel as if I was bothering him with my hundred questions. He was very informative and made me feel very comfortable throughout my whole case. I would definitely recommend him to anyone who is in need of a good lawyer that knows what he’s doing and gets the job done!
- Angela
★★★★★
Outstanding! I did a thorough search looking for a good, honest attorney that I could trust, looking at many reviews. I found Peter and made an appointment with him. The best decision and best attorney I’ve done business with in my entire life.