ARAG Legal Insurance - Badge
Avvo Rating - Badge
Lawyers.com - Badge
Google Rating - Badge
Better Business Bureau - Badge

Contested Bankruptcy

Liviakis Law Firm Team

The primary reason an individual goes for bankruptcy is to get their debts discharged by an order from the court. Once they get the discharge, they no longer need to worry about repayments to their creditors. However, the road to financial freedom is not always easy. Bankruptcy proceedings can be complicated, and sometimes the creditors could file for contests against the bankruptcy of a debtor.

What is a contested bankruptcy?

A contested bankruptcy occurs when one or more of the creditors in a bankruptcy proceeding raises issues with your right to a discharge. This could be slightly detrimental to a debtor in getting his debts discharged, but these contests can be dealt with an attorney’s help or if the creditors do not show enough evidence to support their charges.

Why do creditors go for a contested bankruptcy?

When creditors go for a contest, they do not do it to make the debtors pay back their due debts. Most creditors have insurances that protect them from any losses. The creditors generally take this route to remove any debtors that have unfair advantages of the procedure. For example, a creditor may contest a bankruptcy if they find out you have hidden some of your property or assets.

How do the creditors prove the allegations?

Considering the seriousness with which the creditors take this step, they may only do it if they have credible evidence against the debtor. The burden of proof is on the creditors in court. If the creditors provide the proof, the court will give ample time to you as a debtor to defend yourself against the evidence brought against you. So if you as a debtor have not taken any fraudulent steps since the start of the proceedings, you need not worry about any action against you.

The best way to avoid contests is to provide your attorney and the judges with as much evidence as possible right from the beginning of the proceedings. Contacting a Roseville bankruptcy attorney can help you get the best representation to relieve your financial burdens.

Our Office

Former Office
1215 K St

Sacramento, CA 95814

Phone: 916 459 2364
New Office
2377 Gold Meadow Way
#100

Gold River, CA 95670

Phone: 916 459 2364

Client Reviews

Mr. Liviakis is extremely knowledgeable and answered all of the questions that we had about our situation. He made a really difficult time manageable with his help and expertise. I would definitely recommend...

Lindsey Joyner

Mik is a great attorney. Very friendly & professional. Price is was bit high compared to other firms. Probably the highest I've seen. If price your thing, checkout other firms. Other than that, Mik will get the...

Oi Vinn

Mik helped us save our home and settle with creditors during the pandemic after we were forced to close our family business for over a year. I am forever grateful. He was kind and professional and followed up...

Jina and Steven Hale

Mr. Liviakis was timely and professional. He patiently answered questions and explained the process. He provided handouts that clearly outlined due dates. The firm's paralegal was very easy to work with. I...

Wes Pohl

I nothing but great Experiences, and great service.

Tony Boone

Positive: Professionalism, Quality, Responsiveness, Value

Linda Todd

Contact Us

Fill out the contact form or call us at (916) 459-2364 to schedule your free consultation.
  • Language.png Free Consultation
  • Phone.png Phone Appointments Available
  • Gavel.png Talk to Award Winning Attorney Today

Leave Us a Message