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.
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.
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. § 523Objections 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. § 727Motions 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), 524Trustee investigations and Rule 2004 exams
Representation when the trustee or a creditor demands documents or examines you under oath.
Fed. R. Bankr. P. 2004Contested Chapter 13 confirmation
Evidentiary hearings, objections from the trustee or creditors, and objections to improper creditor claims.
11 U.S.C. §§ 502, 1325Removing 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. § 303Trustees can sue people and businesses who received payments or property from a debtor before bankruptcy, often family members, landlords, vendors, and business partners who did nothing wrong. Many of these demands can be reduced or defeated.
Preference actions
A trustee demands repayment of money the debtor paid you within 90 days before filing, or within 1 year if you're a relative or insider. Defenses such as ordinary course of business and new value can apply.
11 U.S.C. §§ 547, 550Fraudulent transfer claims
The trustee says the debtor gave you property or money for less than it was worth. Federal law looks back 2 years, and Colorado law can reach back further.
11 U.S.C. §§ 544, 548Turnover demands
Demands that you return property the trustee says belongs to the bankruptcy estate.
11 U.S.C. § 542Demand letters and settlement
Many trustee claims start with a letter. Responding with the right defenses early often leads to a smaller settlement or a dismissal.
Before a lawsuit is filedNot sure where your situation fits?Send a short description and the key dates. I'll tell you your options and the deadlines that apply.
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.
| What | Deadline | Rule |
|---|---|---|
| Answer an adversary complaint | 30 days after the summons is issued | Fed. 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 creditors | Fed. R. Bankr. P. 4007(c) |
| Objection to a Chapter 7 discharge | 60 days after the first date set for the meeting of creditors | Fed. R. Bankr. P. 4004(a) |
| Proof of claim (Chapter 7 and 13) | 70 days after the petition date, for most creditors | Fed. R. Bankr. P. 3002(c) |
| Trustee preference or fraudulent transfer lawsuit | Generally 2 years after the case is filed | 11 U.S.C. § 546(a) |
| Hearing on a motion for relief from stay | Stay can lift automatically if not heard within 30 days | 11 U.S.C. § 362(e) |
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.
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.
Every engagement starts with a free initial case review and a written fee agreement before any work begins.
From case review to resolution
- 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.
- 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.
- During the case
Litigation and negotiation
Pleadings, discovery, Rule 2004 exams, motions, and settlement talks. Many disputes resolve without a trial.
- Outcome
Resolution
Settlement, judgment, or trial, and appeals to the U.S. District Court when warranted.
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.
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 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.