BANKRUPTCY DISPUTES

Bankruptcy Disputes & Litigation

Disputes often arise in the bankruptcy setting: a debt was acquired by fraud and is not dischargeable; a creditor could try to collect a debt after the bankruptcy case is finished; or, a trustee may try to recover a piece of property that the debtor is hiding. Disputes that arise in a bankruptcy may require a separate lawsuit within the case, called an adversary proceeding.

Bankruptcy Litigation:
The Adversary Proceeding

An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (a creditor, the bankruptcy trustee, or you) files a complaint. Many bankruptcies go through to completion and discharge without any adversary proceedings. But not so in others.

Having an attorney that is not experienced with the intricacies of bankruptcy and the rules of bankruptcy procedure can have serious consequences on a debtor's ability to obtain a discharge, and on a creditor's ability to collect a debt. Our attorneys have been representing both debtors and creditors before the United States Bankruptcy Court, since 2001. If you are a creditor that has received a notice of bankruptcy, or if you have received a demand letter from a bankruptcy trustee, you have a short period of time to act. Protect your interest and contact us today.

Types of Bankruptcy Litigation

Initiated by the Trustee against Creditors or Other Interested Parties:

Objection to Claims - The trustee can challenge a creditor’s right to payment on a proof of claim.
Recovering Property - The trustee has broad powers to take back some assets. For instance, the trustee can reclaim money paid to a particular creditor shortly before the bankruptcy or recover property that was fraudulently transferred to someone else immediately before the bankruptcy was filed.

Between Debtor and Creditors:

Dischargeability - Some debts, such as those obtained by fraud, are nondischargeable (they don’t go away in bankruptcy).
Objection to discharge - A creditor can challenge the debtor’s right to their entire discharge if the debtor has defrauded the court, such as hiding assets.
Claims Debtors can challenge a creditor’s right to payment on a proof of claim (the form a creditor must submit before receiving payment).
Automatic stay or discharge violations - A creditor is not allowed to collect a debt after the debtor obtains a discharge, nor can a creditor attempt to collect a debt after the case is filed without first obtaining permission from the court.

Initiated by the Trustee against the Debtor:

General discharge - If the Trustee uncovers bankruptcy fraud, he can challenge a debtor’s right to a discharge.
Exemptions and other property issues - The trustee can litigate the debtor’s right to claim an exemption (a debtor can protect property that is exempt under the law).

Our Approach is Simple: We work for You!

The following packages are offered to all new start-up businesses with three or fewer individual members forming a domestic Massachusetts LLC.


Opperating Agreement Only (starting $395)	An operating agreement is like a partnership agreement. If you have already set up your LLC and don't have an operating agreement, let us prepare a custom Operating Agreement that is tailored to fit your business' needs. Document ready within 1-2 days of your initial interview.
*Standard ($525)**	If your business has 1-2 Members, our business attorney will prepare your articles of organization and draft a custom Operating Agreement that is tailored to fit your business. We will obtain your federal tax id number (TIN) and file the necessary documents with the Massachusetts Secretary of State and you will receive both print and .PDF versions of your documents. Documents will be ready within 2-3 days of your initial interview.
*Advanced ($725)**	If your business has 3-5 Members, our business attorney will prepare your articles of organization and draft a custom Operating Agreement that is tailored to fit your business. We will obtain your federal tax id number (TIN) and file the necessary documents with the Massachusetts Secretary of State and you will receive both print and .PDF versions of your documents. Documents will be ready within 2-3 days of your initial interview.

* Plus the $525 filing fee charged by the State.

The following packages are offered to all new start-up businesses with three or fewer individual members forming a domestic Massachusetts Limited Partnership or Limited Liability Partnership.


Standard Partnership Agreement ($525)	Our business attorney will draft a custom Partnership Agreement that is tailored to fit your unincorporated business' needs. If you have alredy formed your business and have your tax id number. Documents ready within 2-3 days of your initial interview.
*LLP Partnership Agreement ($725)**	Our business lawyer will draft a custom partnership agreement and partnership certificate. We will obtain your federal tax id number (TIN) and file the necessary documents with the Massachusetts Secretary of State to properly register your business. Documents will be ready within 2-3 days of your initial interview.

* Does not include the filing fee charged by Massachusetts.

The following incorporation packages are offered to all new start-up businesses with four or fewer individual shareholders who are forming a domestic Massachusetts Corporation or Massachusetts Professional Corporation.


Shareholder Agreement Only - ($525)	If you have already incorporated your business, but do not have a shareholder agreement (similar to a partnership agreement) and bylaws; our business attorney will tailor these documents for you based on your business' needs. Documents are typically ready within 1-2 days of your initial interview.
*Standard: ($725)**	Our business attorney will prepare your Articles of Organization, sharedholder agreement and draft by-laws that are tailored to your business' needs. We will obtain a federal tax id number ("TIN") on your business's behalf and will fill all required documents with the Massachusetts Secretary of State. We will provide you PDF versions of your corporate documents. Documents are typically ready within 1-2 days of your initial interview.
Registered Agent ($150/yr.)	Every business in Massachusetts must have a "registered agent," or someone to receive official papers in the event the business is sued. That person must reside in Massachusetts. If you are an out of state business, or you want us to act as your registered agent, we can do that.

Shareholder Agreement Only - ($525)

If you have already incorporated your business, but do not have a shareholder agreement (similar to a partnership agreement) and bylaws; our business attorney will tailor these documents for you based on your business' needs. Documents are typically ready within 1-2 days of your initial interview.

Standard: ($725*)

Our business attorney will prepare your Articles of Organization, sharedholder agreement and draft by-laws that are tailored to your business' needs. We will obtain a federal tax id number ("TIN") on your business's behalf and will fill all required documents with the Massachusetts Secretary of State. We will provide you PDF versions of your corporate documents. Documents are typically ready within 1-2 days of your initial interview.

Registered Agent ($150/yr.)

Every business in Massachusetts must have a "registered agent," or someone to receive official papers in the event the business is sued. That person must reside in Massachusetts. If you are an out of state business, or you want us to act as your registered agent, we can do that.

* Filing Fees Not Included

If you or your business is facing a legal challenge that calls for sound advice and skilled representation, contact us today to arrange a FREE consultation with an experienced Massachusetts attorney.

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Business Law

Bankruptcy

Legal Disputes