Bankruptcy Litigation – Disputing a Deed of Trust

Sullivan & Cromwell are a leading insolvency consultancy with over twenty years of experience providing sound professional insolvency advice. Their expertise covers all aspects of insolvency law in Britain including: corporate and commercial debt, debts of individuals and partnership, and debt collection and negotiation. The company is committed to providing its clients with expert representation in all matters relating to insolvency law. Sullivan & Cromwell pride itself as a progressive and proactive insolvency law firm, delivering results for its clients through an individualised approach.
|Bankruptcy Litigation Bankruptcy Litigation – Disputing a Deed of Trust

Sullivan & Cromwell are a leading insolvency consultancy with over twenty years of experience providing sound professional insolvency advice. Their expertise covers all aspects of insolvency law in Britain including: corporate and commercial debt, debts of individuals and partnership, and debt collection and negotiation. The company is committed to providing its clients with expert representation in all matters relating to insolvency law. Sullivan & Cromwell pride itself as a progressive and proactive insolvency law firm, delivering results for its clients through an individualised approach.
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The firm’s bankruptcy litigation service encompasses the representation of both creditors, debtors and administrators, banks, mortgage companies, lenders, trustees and purchasers. Each case is handled by a team of experienced professionals who specialise in the area of insolvency. Each case is assigned to a team of seven bankruptcy lawyers and a team of three insolvency accountants. All bankruptcy matters are handled through the supervision of a senior insolvency lawyer who is supported by a team of legal advisors. Visit here for more information about Arizona bankruptcy lawyer.

The primary objective of Sullivan & Cromwell is to obtain the best possible outcome for its clients, which is why they work in an approach that ensures a client’s rights are protected throughout the process. In every case, they seek to obtain an automatic stay against the discharge of the debtor’s bankruptcy case by the court. This automatic stay is referred to as a “writ of limitation”. It bars the debtor from filing any new claims against the same debtor until the expiration of the writ. This is designed to provide the debtor with a period of quiet in which to recover financially and focus on regaining any possible equity in the property held by the debtor.

However, in some instances, the Sullivan & Cromwell attorneys may have to represent the debtors in bankruptcy litigation. If this is the case, then the attorneys will need to be more careful how they handle the negotiations with the creditors. When debtors have many outstanding debts, it may be more practical for them to settle their debts rather than fight in court with creditors. However, even when the debtors do choose to go ahead with bankruptcy litigation, the Sullivan & Cromwell attorneys will still need to do all they can to ensure that the debtors receive the maximum compensation for their losses. The aim of the firm is to obtain the largest recovery for the debtor.

Some of the other disputes that come up during bankruptcy litigation involve disagreements over the amount owed to the creditors. It may seem reasonable for the creditors to demand a small fraction of the entire debt when a bankruptcy lawsuit is initiated, but this may not always be the case. For example, if the debtor has significant hidden expenses it may not be reasonable for him to disclose them to the creditors. This is where the expertise of a bankruptcy litigation lawyer can make a real difference, since he or she will know how to apply the law in such a way as to get the creditors to side with the debtors.

One of the most common conflicts that arises from bankruptcy litigation is over fraudulent transfer of debts. If a debtor transfers their debts into a new account and fails to disclose this fact to the trustee, then they could face a deficiency judgment against them. Under Federal law, if an automatic stay is issued in bankruptcy litigation, then this transfer cannot be processed. However, there are a few exceptions to this rule. The automatic stay must be lifted only if the trustee reasonably believes that there is reason to believe that the debtor has transferred the debts into new accounts.

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