Bankruptcy litigation typically involves the defense of avoidance actions and dischargeability complaints. “Avoidance” actions are lawsuits brought by bankruptcy trustees against persons who received money, property, or some benefit from a debtor at some specified point before (and in some cases, after) the debtor files a bankruptcy case.

The law allows a variety of transfers to be recovered by the bankruptcy trustee on the principal of fairness to all creditors. Thus, even if a debtor pays you an amount that you are legitimately owed, it is possible that the trustee can recover the funds you received. However, there are many defenses available to these avoidance actions.

Our bankruptcy litigation attorneys have litigated dozens of avoidance actions from all sides. “Dischargeability” complaints are filed by bankruptcy trustees or creditors seeking to deny debtors (typically in Chapter 7 Bankruptcy) a discharge of some or all of their debts.

Defending these actions is almost never included in the cost of the basic bankruptcy filing, and many bankruptcy attorneys do not engage in this type of litigation. We aggressively defend these cases, both for our bankruptcy clients and for clients of other attorneys who decline to extend their practice to litigation.

Prelle Eron & Bailey, P.A. civil litigation attorneys frequently represent plaintiffs and defendants in all manners of civil litigation, including business and contract disputes, foreclosures, collections, property damage claims, business torts, employment discrimination, wage and hour claims, overtime compensation, landlord/tenant issues, federal court social security disability appeals, oil and gas disputes, partition and quiet title issues, and more.

We occasionally handle personal injury matters, but can also refer you to an appropriate attorney if we are not prepared to take the case.

Our civil litigation attorneys are licensed in both the state and federal courts, and have litigated cases in the Federal Courts of California, Colorado, Indiana, Kansas, and North Carolina. Furthermore, we have experience in litigating federal appeals before the Kansas and California District Courts and the Fourth, Seventh, Ninth, and Tenth Circuit Court of Appeals.