Dahiya Law Offices LLC - Bankruptcy Law - Our law group litigation department with experience can provide insights and solid front which is generally lacking with transactional lawyers or by general commercial litigators

We represent both, the debtors and the creditors in and out of bankruptcy. Bankruptcy litigation can be complex and unpredictable, yet it provides an excellent opportunity to advance one’s position, either as a debtor or a creditor. It provides an excellent federal forum to a dispute which would otherwise be languishing in the state courts. Second, bankruptcy can also be used to remove an already pending state litigation to the federal court. Third, all pending litigations related to the debtor could be brought under the same roof. Not only party litigation, even tax issues could be resolved in this court.

Our law group litigation department with experience can provide insights and solid front which is generally lacking with transactional lawyers or by general commercial litigators. We are routinely called to address issues confronted by our clients, related to fraudulent conveyance, preferences, fraud, valuation, asset protection, bankruptcy planning, confirmation of plans, debtor’s taxation issues, etc. We have also addressed on a regular basis, unwarranted removal of the state action to the bankruptcy court or vice versa or removal of an action from the bankruptcy forum to the district court as a “withdrawal of reference.” Besides appellate work, we have sought and obtained writs relief directing the subordinate bankruptcy court compliance with article III strictures.

Bankruptcy litigation is not a linear conflict or a mere two party dispute, it has several fronts and consequences. Besides a judge presiding over the case, there is U.S. Trustee, a judicial department’s general supervision. Also, not all conflicts take the shape of a full-fledged lawsuit [Adversary Proceeding], there are some proceedings entailing some characteristics of the adversarial proceedings, called Contested Matter—fast paced issue specific resolution—instances are vacatur of automatic stay, debtor-in-possession financing or rejection of contracts or a confirmation of a chapter 11 plan. It might seem that the debtor has hijacked the adjudication process and unfavorably impacting the creditors. But it is not always so. These issues are tackled not by application of only one kind of laws, like the Bankruptcy Code, but incorporate state law specifics and other federal principles like issue and claim preclusion, abstentions doctrines (permissive and mandatory) or jurisdictional doctrine like Rooker-Feldman. Our deeper understanding of Code and federalism with aggressive strategies maximize recoveries for creditors, and or protection for the debtors.

The Nature Of Bankruptcy Proceedings

The bankruptcy disputes are processed through two kinds of proceeding—adversary proceeding or contested matters. Adversary proceedings as defined by Rule 7001 are commenced by a lawsuit and contested matters are initiated and fought as regular motions, governed by bankruptcy rule 9014. Application filed as such are also included under the motion rubric. The adversary proceedings are full fledged lawsuits, governed by federal rules of civil procedure incorporated by the federal rules of bankruptcy procedure. If a party has commenced proceeding as a motion, rather than an adversary proceeding, the court retains the liberty to convert the same to an adversary proceeding.

>

Bankruptcy Jurisdiction

Litigation in bankruptcy forum is not an easy task. Jurisdiction is the biggest challenge for both--those who wish to avail it and others opposing it. Not all courts are created pursuant to article III and there are plenty of such courts, loosely referred to as legislative or article 1 courts. The article 1 courts are created by the Congress pursuant to “necessary and proper” clause of article 1. Examples are United States Court of Appeals for the Armed 10 U.S.C. §§ 941-946a; United States Tax Court, 26 U.S.C. §§ 7441-7487 United States Court of Appeals for Veterans Claims 38 U.S.C. §§ 7251-7299; the Alien Terrorist Removal Court, 8 U.S.C. §§ 1531-1537; and the United States Territorial Courts including the district courts for instance in Guam, the Virgin Island, American Samoa, Am. Samoan Code § 3.0220; the Northern Mariana Islands, Pub. L. 95-157, 91 Stat. 1265 and the Court of Appeals for the District of Columbia and its lower courts, § Pub. L. 91 -358(1970).

>

Bankruptcy Appeals

Bankruptcy appeals are not your usual appeals seen in other areas of law It can be a minefield for the unwary ones. Not everything is codified or clear--lack thereof creates a definite uncertainty. The bankruptcy appeal arises from the judgment of the bankruptcy court and or from the decisions of the district courts affirming or denying the bankruptcy court’s submission of proposed findings of fact and conclusions of law. See 28 U.S.C. 157(c), Rule 9033. Of course, appeals are from the orders or judgments against the appellant (the one filing appeal). “Ordinarily, only a party aggrieved by a judgment or order of a district court may exercise the statutory right to appeal therefrom.” Deposit Guar. Nat. Bank, Jackson, Miss.v. Roper, 445 U.S. 326 (1980). There could a single appeal for several aggrieved party in a particular decision. Bankruptcy rule 8003 (b) allows such a filing: “When two or more parties are entitled to appeal from a judgment, order, or decree of a bankruptcy court and their interests make joinder practicable, they may file a joint notice of appeal.”

>

IMMIGRATION

Bankruptcy Law

<

Our law group litigation department with experience can provide insights and solid front which is generally lacking with transactional lawyers or by general commercial litigators. We are routinely called to address issues confronted by our clients, related to fraudulent conveyance, preferences, fraud, valuation, asset protection, bankruptcy planning, confirmation of plans, debtor’s taxation issues, etc. We have also addressed on a regular basis, unwarranted removal of the state action to the bankruptcy court or vice versa or removal of an action from the bankruptcy forum to the district court as a “withdrawal of reference.” Besides appellate work, we have sought and obtained writs relief directing the subordinate bankruptcy court compliance with article III strictures.