Bankruptcy Litigation in Massachusetts
Not every bankruptcy is straightforward. When disputes arise over the right to collect, the dischargeability of a debt, or alleged improper transfers, they're litigated within the bankruptcy case itself.
Parks Law Offices litigates these matters for both debtors and creditors before the U.S. Bankruptcy Court for the District of Massachusetts.
What we handle
- Relief from stay. Motions by creditors seeking permission to proceed against collateral despite the automatic stay — and opposition to them on behalf of debtors.
- Adversary proceedings. The "lawsuits within the bankruptcy," including disputes over the dischargeability of particular debts, objections to discharge, and fraudulent-transfer and preference actions.
- Creditor representation. Protecting a creditor's rights and recovery when a debtor files.
- Debtor defense. Defending debtors against creditor challenges so they can obtain the fresh start the law intends.
Experience that matters
Bankruptcy litigation rewards lawyers who know both the substance and the procedure of the bankruptcy court. Our reported matters include Murray v. Revenue Management Corp. (In re Murray), 552 B.R. 1 (Bankr. D. Mass. 2016), in which we obtained judgment on the pleadings for a consumer debtor, establishing that a debt collector's "versus" language in a collection letter violated the Fair Debt Collection Practices Act. (Prior results do not guarantee a similar outcome.)
Frequently asked questions
What is an adversary proceeding?
It's a separate lawsuit filed within a bankruptcy case to resolve a specific dispute — for example, whether a particular debt can be discharged, or whether a transfer should be undone.
What is relief from stay?
The automatic stay stops collection when a debtor files. A creditor can ask the court to lift the stay in certain circumstances — for instance, to continue a foreclosure on a property with no equity. These motions are often contested.
Do you represent creditors or debtors?
Both. We've litigated bankruptcy disputes from each side, which informs our strategy whichever side you're on.
Related: Bankruptcy overview · Chapter 7 · Chapter 13
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