Brooklyn Bankruptcy Litigation Attorney

When a debtor files bankruptcy, it often triggers legal disputes where your financial interests are on the line. As a creditor, co-debtor, business or interested party, you need an attorney with the trial experience necessary to protect your claim in bankruptcy court.

At the Law Office of Gregory Messer, we represent clients from Brooklyn, the Bronx, Manhattan, Staten Island and Queen areas in bankruptcy court. Our bankruptcy litigation attorney, Gregory Messer, has years of experience representing both debtors and creditors, enabling him to help you prevail in a bankruptcy challenge.

Understanding Bankruptcy Challenges In Brooklyn Court

In all bankruptcy cases, creditors are seeking payment of debts owed to them. Creditors file Proof of Claim forms to notify the bankruptcy court of their claims. Generally, the bankruptcy court will approve all claims unless a challenge is made.

Types Of Litigation Challenges

While a creditor or the bankruptcy trustee usually initiates challenges, any party in interest may object to a claim. These disputes often involve complex legal questions:

• Whether New York or federal law applies
• Whether or not the claim is allowable

These objections can significantly impact the distribution of assets.

Who Is A Party In Interest?

Any entity with a financial stake in the bankruptcy case’s outcome may initiate a challenge as a party in interest. These parties include:

• The debtor
• Creditors
• The bankruptcy trustee
• A debtor in possession (applies to Chapter 11 cases in which there is no trustee)
• A post-filing secured lender of the debtor
• A proponent of a bankruptcy plan of reorganization
• A committee of creditors
• A third person with a legal interest in property being held by the bankruptcy estate

Successfully navigating a dispute initiated by any of these parties benefits from the assistance of a Brooklyn bankruptcy lawyer.

Recovery Of Fraudulent Conveyances

If the bankruptcy trustee sells the debtor’s assets to generate cash for creditors, the trustee has the right to investigate prior transfers and cancel them if they are found to be fraudulent conveyances.

A transfer is often deemed a fraudulent conveyance if:

• The debtor intended to deprive creditors of recovery.
• The debtor made the transfer for less than reasonably equivalent value.

If you purchased assets from a financially distressed company and obtained too good of a deal, you could find yourself being sued to pay more money for those assets or to give them back to the estate. If you are targeted in such a suit, you need an experienced Brooklyn bankruptcy litigation attorney to defend your property interests.

Other Cases Where A Brooklyn Bankruptcy Litigation Lawyer Can Help

Beyond fraudulent conveyances, our firm offers litigation services in a variety of complex bankruptcy court disputes:

• Lawsuits against company officers and directors responsible for bankrupting a company and causing you to suffer loss
• Challenges to liens that are set aside
• Challenges to the recovery of payments alleged to be preferential transfers (such as a debtor’s prior payment of your invoice when other creditors were not paid)
• Disputes over cash collateral
• Debtor in possession financings
• 363 sale transactions
• Confirmation of reorganization plans
• Relief from the automatic stay
• Bankruptcy appeals

To avoid litigation and save the costs of fighting in court, bankruptcy trustees frequently settle with favorable terms when an aggressive bankruptcy litigation attorney such as Gregory Messer represents claimants.

Speak With A Bankruptcy Litigation Attorney Today

If you live in the New York City area and need legal representation in a bankruptcy litigation issue, contact us online or at 347-943-8475 to schedule a free initial consultation.

Our office is conveniently located across the street from the U.S. District Bankruptcy Court in Brooklyn and is close to the Borough Hall and Court Street subway stations. We serve residents throughout Brooklyn, the Bronx, Manhattan, Staten Island and Queens.

To ensure every client’s filing receives the attention it deserves, we are an appointment-only law firm with flexible hours adjustable to fit your needs.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.