Objecting Bankruptcy Discharges
Creditors wield the right to discharge one of all of a debtor’s obligations in bankruptcy cases. With the purpose of many in filing bankruptcy intended to eradicate their qualifying debt, this can make or break debt collection activities for debt collectors and creditors alike.
A bankruptcy discharge can include qualified debt like credit card balances, medical bills, as well as personal loans. The good news is that even when a debtor wields qualifying debt, a creditor can object to these actions by filing a motion, or a counter lawsuit the law refers to as an adversary proceeding.
The point is that, throughout every phase of a bankruptcy case with a debtor, creditors still wield rights to recompense in regards to their debt. This even extends to the appeals process. For this reason, our team from the Law Offices of Paul A. Humbert, P.L. is outlining some information concerning debt collection in bankruptcy cases, as well as bankruptcy appeals in Edgewater.
The court decides various cases based on written briefings alone. Nevertheless, many bankruptcy cases still receive a selection for an oral argument before the court. This is a structured discussion between lawyers, as well as the judges that look at the black and white legal principles in the dispute.
Bankruptcy cases don’t end with a singular decision that resolves the matter entirely. The procedure involves numerous small decisions that could involve up to hundreds of creditors all wielding their own unique interests on the debtor’s claim.
What distinguishes bankruptcy cases apart from other litigatory forms is that any of these small decisions can harm another party in the case. Bankruptcy proceedings also often take years and years before they resolve.
The majority of bankruptcy appeals in Edgewater remain final. The court’s decision is the final word in the case. In rare instances, a larger group of judges may view the appeals decision in a legal process called en banc.
The law considers bankruptcy litigation appealable, even once the courts make their final decision. They will look for a variety of different factors in determining finality in bankruptcy appeals as well.
A court could choose to support bankruptcy appeals to prevent irreparable harm, based on information on an appeal affecting assets that a debtor could use to repay creditors, or when more facts and information remain necessary for the ideal pursuit of a case conclusion.
How Bankruptcy Appeals in Edgewater Work
Both debtors and creditors in a bankruptcy appeals case must remain aware that any failure or wrongdoing regarding the court must exist for a viable appeal. It is entirely understandable that opposing parties feel displeased with a bankruptcy case ruling. Nevertheless, displeasure does not dictate grounds for a successful appeals process.
To proceed with bankruptcy appeals in Edgewater, both involved parties in the case must agree for an appeal panel to hear the case. Nonetheless, an objection from debtor or creditor does not stop the process. If either party chooses not to rely on a panel hearing, the jurisdictional U.S District Court will hear the appeal instead.
Some creditors or debtors may attempt to proceed in appeals court without legal assistance. However, appealing a debt case on either side of the courtroom appears unusual without a lawyer in hand.
Furthermore, an attorney can guide creditors or debtors on whether or not a viable appeal exists, in addition to if the action may produce favorable results. Their assistance is a crucial component throughout every step in the bankruptcy, and bankruptcy appeals procedures.
An Attorney for Bankruptcy Appeals in Edgewater
The processes and procedures for bankruptcy appeals in Edgewater often impart notable complex and convoluted issues that can involve a significant amount of time before finally resolving. For this reason, enlisting an experienced, qualified attorney remains the ideal solution to seek a positive outcome in cases of this nature.
Many times, multiple creditors will vie for their own slice of a debtor’s assets to make themselves whole again after the debtor files a bankruptcy petition. Unfortunately, this also remains an issue as the creditor will remain fighting for the debtor’s recompense while also competing against these other entities.
Bankruptcy appeals in Edgewater are no situation to pursue alone. Enlisting an attorney with experience in appeals is essential to represent creditor rights properly, in addition to obtaining assets or money to repay the debt.
To learn more about the appeals process and what our firm can do for you, contact the Law Offices of Paul A. Humbert, P.L. today!
- “How Bankruptcy Works in Florida | Nolo.” https://www.nolo.com/legal-encyclopedia/how-bankruptcy-works-in-florida.html.
- “What Is a Bankruptcy Discharge? – LegalZoom.” https://www.legalzoom.com/articles/what-is-a-bankruptcy-discharge.
- “Adversary Proceedings in Bankruptcy | Nolo.” https://www.nolo.com/legal-encyclopedia/adversary-proceedings-bankruptcy.
- “8019-1. Oral argument. | United States Bankruptcy Court.” http://www.canb.uscourts.gov/es/procedures/local-rules/8019-1-oral-argument.
- “En Banc | Wex Legal Dictionary / Encyclopedia | LII / Legal Information ….” https://www.law.cornell.edu/wex/en_banc.