Practice Areas

Bankruptcy Litigation

New York - New Jersey - Bankruptcy Litigation Lawyers

The broad goal in bankruptcy litigation on behalf of a creditor is to make sure that you collect as much of your claim as possible both within and outside of the bankruptcy case. Some situations require hard negotiation with the debtor and other interested parties to maintain your collateral position through a period of reorganization. Other litigation matters involve relief from the automatic stay so that you can pursue your rights against the debtor and the collateral securing your claim in state court.

At Mitchell Pollack & Associates, our experience with the bankruptcy code can help guide you efficiently thru what is sometimes a complex and intricate process. If you need protection or collection in a claim against a debtor or competing interest in a bankruptcy case, contact an attorney.

Skilled Attorneys Serving Westchester, Rockland & Bergen County

We handle litigation cases involving Chapter 7 and Chapter 13 bankruptcy. The procedures, motions, and adversary proceedings we can help with include:

  • Filing and defending your proof of claim
  • Automatic stay relief to repossess collateral or liquidate claims in court
  • Forcing the debtor to assume or reject a lease of real property, equipment, or another long-term contract
  • Abandonment proceedings against a bankruptcy trustee
  • Challenges from the trustee, another creditor, or the debtor to the secured status of your claim, including perfection and priority disputes
  • Proceedings against the debtor to prevent discharge of the unsecured portion of your claim due to fraud on a loan application or in a debtor's performance
  • Claims relating to fraudulent transfers, preferences, or undisclosed assets

Even a fully secured creditor can find its collateral position threatened in a bankruptcy case. Litigation may be necessary to enforce a secured claim if questions are raised involving the timing of the debtor's payments, the relationship between the creditor and debtor, or the presence of competing claims for the same collateral.

Secure Your Position, Protect Your Interest: 866-400-7388

Our bankruptcy attorneys practice in both New York and New Jersey, and we also handle bankruptcy appeals through the federal court system. For prompt and professional handling of your bankruptcy claim, contact the litigation attorneys at Mitchell Pollack & Associates in Tarrytown, New York, or Mahwah, New Jersey.

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