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Bankruptcy litigation · Colorado

Bankruptcy litigation attorney for people who filed bankruptcy

Adversary proceedings, objections to discharge, stay disputes, trustee lawsuits, and contested hearings in the U.S. Bankruptcy Court for the District of Colorado. Bankruptcy deadlines are short and strict, so get advice early.

Deadline coming up? Call or text (303) 297-7729
Served with a complaint in bankruptcy court?

Don't ignore it. An adversary complaint usually must be answered within 30 days after the summons is issued, and a missed deadline can mean a default judgment. Don't contact the other side or the trustee about the merits until you've had advice. Gather the complaint, summons, and any related documents, and call.

Who I represent

Which describes you?

I represent people who filed bankruptcy, and people a bankruptcy trustee is pursuing for money or property. I don't represent creditors. Choose your situation to see the matters I handle.

When a creditor or the trustee challenges your case, you need a lawyer who litigates in bankruptcy court, not only one who prepares petitions.

Defending dischargeability complaints

A creditor claims a debt shouldn't be wiped out because of alleged fraud, false financial statements, embezzlement, or willful injury.

11 U.S.C. § 523

Objections to discharge

The trustee or a creditor asks the court to deny your entire discharge, for example over transfers or records.

11 U.S.C. § 727

Motions for relief from stay

A lender asks to resume foreclosure or repossession. I oppose the motion or negotiate terms that let you keep the property.

11 U.S.C. § 362(d)

Stay and discharge violations

A creditor kept collecting after you filed or after your discharge. You may be owed actual damages, attorney fees, and sometimes punitive damages.

11 U.S.C. §§ 362(k), 524

Trustee investigations and Rule 2004 exams

Representation when the trustee or a creditor demands documents or examines you under oath.

Fed. R. Bankr. P. 2004

Contested Chapter 13 confirmation

Evidentiary hearings, objections from the trustee or creditors, and objections to improper creditor claims.

11 U.S.C. §§ 502, 1325

Removing judgment liens

Motions to avoid judicial liens that impair your Colorado homestead exemption.

11 U.S.C. § 522(f)

Defending involuntary petitions

Creditors filed to force you or your business into bankruptcy. I challenge improper petitions and seek costs and damages where allowed.

11 U.S.C. § 303

Not sure where your situation fits?Send a short description and the key dates. I'll tell you your options and the deadlines that apply.

Know your deadlines

Key bankruptcy litigation deadlines

These are general rules. Courts can set different dates, and some deadlines can be extended only if you ask before they pass.

WhatDeadlineRule
Answer an adversary complaint30 days after the summons is issuedFed. R. Bankr. P. 7012(a)
Complaint that a debt can't be discharged (fraud, embezzlement, willful injury)60 days after the first date set for the meeting of creditorsFed. R. Bankr. P. 4007(c)
Objection to a Chapter 7 discharge60 days after the first date set for the meeting of creditorsFed. R. Bankr. P. 4004(a)
Proof of claim (Chapter 7 and 13)70 days after the petition date, for most creditorsFed. R. Bankr. P. 3002(c)
Trustee preference or fraudulent transfer lawsuitGenerally 2 years after the case is filed11 U.S.C. § 546(a)
Hearing on a motion for relief from stayStay can lift automatically if not heard within 30 days11 U.S.C. § 362(e)
Why work with me

I've been on both sides of the table

Many bankruptcy attorneys only prepare petitions. I handle the contested matters too, for people who filed bankruptcy and people pursued by a trustee, so I can spot issues early and tell you realistically how a dispute is likely to go.

  • Creditor and lending experienceI started out representing lenders and qualifying borrowers at the U.S. Small Business Administration. I know how the other side builds its case.
  • Direct access to your attorneyI handle your matter personally, from strategy to hearings, with no hand-offs.
  • Efficient by designModern legal research tools and a mapped-out scope of work keep costs predictable and let me offer flexible fee arrangements.
  • Veteran ownedA former Marine Corps Reserve officer, bringing discipline and preparation to every hearing.
Fees

Clear, flexible fee arrangements

Because I map the scope of each matter up front, I can often offer a fee structure that fits the case rather than an open-ended hourly bill.

Flat feesFor defined matters like a relief from stay motion, a lien avoidance motion, or a Rule 2004 exam.
Hourly or blendedFor adversary proceedings and trials, with a written estimate and regular updates on fees.
ContingencyFor some stay and discharge violation claims, where the law can require the creditor to pay damages and fees. You pay nothing unless there's a recovery.

Every engagement starts with a free initial case review and a written fee agreement before any work begins.

How it works

From case review to resolution

  1. Within 1 business day

    Case review

    Tell me what happened and the key dates. I'll confirm the deadlines that apply and whether I can help.

  2. Before you commit

    Strategy and fee proposal

    I review the pleadings and documents, map out the likely steps, and propose a fee arrangement in writing.

  3. During the case

    Litigation and negotiation

    Pleadings, discovery, Rule 2004 exams, motions, and settlement talks. Many disputes resolve without a trial.

  4. Outcome

    Resolution

    Settlement, judgment, or trial, and appeals to the U.S. District Court when warranted.

Free case review

Tell me about your matter

Share the basics and any deadline you know of. I'll respond within one business day, and sooner if a deadline is close. Please don't send confidential documents through this form; we'll arrange that after we talk.

Sending this form doesn't create an attorney-client relationship, and I can't take action on your matter until we've agreed on representation in writing. If a deadline is days away, call or text (303) 297-7729.

Questions

Bankruptcy litigation FAQs

What is an adversary proceeding?

It's a lawsuit filed inside a bankruptcy case, with a complaint, summons, discovery, and trial like any other lawsuit. Dischargeability complaints, objections to discharge, and trustee lawsuits to recover preferences or transfers are all adversary proceedings. Other disputes, like relief from stay motions and claim objections, are "contested matters" handled by motion.

Can a creditor stop my debts from being discharged?

Only in specific situations, and only if the creditor files on time. A creditor can ask the court to except a particular debt from discharge, for example for fraud or willful injury, or ask to deny your discharge altogether. Most of these complaints must be filed within 60 days after the first date set for the meeting of creditors. Many can be defended successfully, especially when the creditor's evidence of intent is thin.

The trustee wants my family member to repay money I gave them. What now?

Payments to relatives within one year before filing can be recovered as preferences, and gifts or transfers for less than fair value can be challenged as fraudulent transfers. Defenses and settlement options often exist. Don't send money or sign anything before getting advice. The person who received the payment should talk to a lawyer, and it shouldn't be the debtor's own attorney if their interests conflict.

A creditor kept collecting after I filed. Can I recover damages?

Possibly. Willful violations of the automatic stay can entitle individuals to actual damages, including attorney fees, and in some cases punitive damages. Collecting a discharged debt can be punished as contempt of the discharge order. Keep every letter, voicemail, and call log. Learn about consumer protection claims.

How long does bankruptcy litigation take?

Motions like relief from stay are often decided within weeks. Adversary proceedings commonly take several months to a year, depending on discovery and whether the case settles. Many resolve through negotiation well before trial.

Related

Related pages

Bankruptcy deadlines move fast

Whether you're defending your discharge, protecting a claim, or responding to a trustee, get advice before the deadline passes.

Call or text (303) 297-7729

This page is general information about bankruptcy litigation, not legal advice. Deadlines and rules summarized here are general and can be changed by court order or vary by case. Do not rely on this page to calculate a deadline in your matter. Prior results do not guarantee a similar outcome. Contingency arrangements are available only in some matters; you may still be responsible for certain costs as stated in a written agreement.

This website is attorney advertising. Contacting us does not create an attorney-client relationship. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. William L. Foster, Esq., is the Colorado attorney responsible for this website. Consumer Law Pro, 2851 S Parker Rd #1158, Aurora, CO 80014.