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Don’t Risk Your Bankruptcy Discharge. Hire A Lawyer Committed to Defending You in An Adversary Proceeding
Oakland bankruptcy attorney Melanie Tavare is committed to obtaining financial freedom for her clients. The Law Offices of Melanie Tavare represents debtors in adversary proceedings and will provide you with the dedicated professionalism you need to handle this stressful situation. If you are facing a lawsuit within your bankruptcy, do not wait another day to contact an attorney who will fight for you.
There are certain circumstances when a bankruptcy filing may not discharge a particular debt. Income tax debt cannot be discharged if certain factors are present. Likewise, trust fund taxes, taxes that are supposed to be withheld by the employer and sent to the IRS or State taxing authority, are never dischargeable. Student loans generally are not dischargeable unless the debtor can meet a very high standard and show the loans are an “undue burden.” These types of debt will survive a bankruptcy discharge and the creditor may resume collection activities against the debtor once the bankruptcy is over. The creditor in these situations does not have to take any action in the bankruptcy in order for the debt to be accepted from discharge.
Then there are other types of debt that must be proven by the creditor to be non-dischargeable. This is done through what is called an adversary proceeding. An adversary proceeding is like a lawsuit within the bankruptcy, although it is a separate action from the bankruptcy and receives its own case number. The adversary proceeding concerns only a specific debt, however if the facts are bad enough, the creditor may ask the court to deny the entire discharge of the debtor.
Debts that must be proven through an adversary proceeding to be non-dischargeable include debt obtained by false pretenses, false representations, or actual fraud; debts obtained through fraud or defalcation while acting in a fiduciary capacity; embezzlement, or larceny, and willful and malicious injury by the debtor to another entity or to the property of another entity.
In order for the debt to be accepted from discharge, the creditor must file the adversary proceeding against the debtor in the bankruptcy within the time limits set out by the court. Generally, the court will set the deadline date to file the adversary as 60 days from the date of the first scheduled meeting of creditors.
If a creditor has filed an adversary against you in your bankruptcy, you should contact your bankruptcy attorney to find out if your fee agreement with them includes representation in adversary proceedings. In most cases, it will not. Defending against an adversary proceeding can entail a substantial amount of work that the initial fee for a standard bankruptcy does not cover. If your attorney does not handle adversary work, it is important to find an attorney who will take your case.
Contact Us Today!
The Law Offices of Melanie Tavare provides zealous representation in the defense of adversary proceedings. Attorney Melanie Tavare believes that everyone is entitled to a fresh start and will work hard to obtain a victory for you in your adversary. If you are facing an adversary proceeding in your bankruptcy case, don’t wait to contact our office. You are only a call away from getting the debt relief you need.
"Melanie is the best she very responsive and helpful throughout the process everything was taken care of smoothly. If you are thinking of going through bankruptcy she is the best attorney for you. I will forever be grateful having the chance to work with her. She is very honest too."
"I can't thank Melanie enough for helping me through a challenging process and doing so with incredible knowledge, professionalism and tenacity! She went to great lengths to keep me informed, she responded quickly to my questions, and communicated in terms that I could understand. I highly recommend getting in touch with Melanie should you have the need."
"Choosing to work with Atty. Melanie has been one of the best decisions I've ever made. She was a very patient professional to work with and attentive while providing valuable solutions to all of my concerns. If you are searching for of an Attorney who is knowledgeable, transparent, and diligent - well that's Atty. Melanie."
"What I liked about working with Melanie was how prompt and easy to work with she was. She made the process clear and understandable with as little stress as possible. I would work with her again and recommend her to others."