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Bankruptcy Litigation

Rockville, MD Bankruptcy Litigation Lawyers Work to Protect Your Property

When your bankruptcy case is no longer uncontested

Bankruptcy is designed to give you a fresh financial start by eliminating some debts and reorganizing the ones that you still must repay. The creditors do not like bankruptcy, as they have gone to Congress repeatedly and have asked to change the rules. If a moneylender files an opposition to your petition or plan or you are faced with a lien dispute, contact our bankruptcy litigation attorneys to protect your best interests.

What is bankruptcy litigation?

Bankruptcy litigation, broadly defined, is any matter that is not initiated by the debtor’s attorney. Some common litigation topics include:

  • Motion for turnover — The moment your petition is filed, technically speaking, all of your nonexempt property belongs to the bankruptcy estate. If you have $5,000 in your checking account, the bankruptcy trustee may file a motion demanding that you turn that money over for distribution amongst your creditors. These issues are most common in Chapter 7 bankruptcies, although they also come up in the occasional Chapter 13 litigation.
  • Motion for relief from automatic stay — If a moneylender is attempting to foreclose on or repossess your secured property and that effort is stopped by your bankruptcy filing, the moneylender may file a motion with the court asking for special permission to proceed with its adverse plans. The moneylender typically argues that, because of a technicality or the amount that is past due, the automatic stay is inapplicable.
  • Objections to discharge and objections to the plan — Sometimes these motions are filed by the trustee, claiming that the Chapter 13 plan is underfunded. Sometimes these motions are filed by a moneylender, claiming that the property is nonexempt or the debt is not dischargeable.

Does every bankruptcy case go through litigation?

Not every case is contested. In fact, the majority of bankruptcy cases are uncontested. Going through the entire case and never even appearing before a judge is not unusual. Case management is totally delegated to the bankruptcy trustee unless an objection requires the case to go to court.

What is the bankruptcy litigation process?

Whereas most non-bankruptcy disputes may take years to resolve, most consumer bankruptcy litigation matters come to an end much sooner. Consumer bankruptcy does not typically require written discovery and depositions, and preliminary hearings are very few or are not needed. Very often, you and the trustee or moneylender are able to work out a compromise.

Call our Rockville bankruptcy litigation attorneys who offer straight answers, creative debt solutions and complimentary initial consultations

At Wolff & Orenstein, LLC, our attorneys do not just practice bankruptcy law. Our attorneys teach other attorneys how to practice bankruptcy law through frequent seminars and participation in the American Inns of Court (AIC), which are designed to improve the skills, professionalism and ethics of those in the legal profession. Serving Frederick, Montgomery Prince George’s County and throughout Maryland, you can trust our attorneys who are well known for quality work and who other attorneys trust to answer their bankruptcy questions. Contact our Rockville bankruptcy law firm at 301.250.7232 or online for a free initial consultation to discuss your case.

Michael  G.  Wolff Attorney Photo
Michael G. Wolff
In Memoriam: Founding Member

In Memoriam It is with heavy hearts that we commemorate the life and legacy of our beloved Founding Member, Michael G. Wolff. Michael's distinguished career in the legal field was characterized by unwavering dedication and a commitment to excellence that left an indelible mark on all who had the privilege of knowing him. Over the…

Jeffrey  M.  Orenstein Attorney Photo
Jeffrey M. Orenstein

Commercial Litigation & Consumer Law Firm Attorney Biography:Jeffrey M. Orenstein is a skilled commercial litigator with a particular emphasis on bankruptcy litigation. He has been appointed to serve as Bankruptcy Trustee and Examiner in complex Chapter 11 cases. For more than 25 years, he has represented bankruptcy estates, bankruptcy trustees in multiple jurisdictions, creditors and…

Matthew Abbott Attorney Photo
Matthew Abbott

Biography Matthew E. Abbott is the latest attorney to join the Wolff & Orenstein, LLC team. Matthew graduated from American University Washington College of Law in 2019 after working for Wolff & Orenstein, LLC and the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) as a law clerk. Prior to…

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    When you face difficult decisions regarding your personal finances and in other areas of your life, do not delay in reaching out to an experienced bankruptcy attorney. Contact Wolff & Orenstein, LLC. Serving Rockville, Frederick and Prince George's County, our firm is well known for quality work.
Md. Bkr. Case No.: 12-21288 (Chapter 7)
*Resolved litigation to release federal and state liens on Debtor's principal residence in Silver Spring, Maryland and discharged over $90,000.00 of tax obligations.

*Each case is different and past record is no assurance that the lawyer will be successful in reaching a favorable result in any future case.
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