When a bankruptcy petition is filed, the bankruptcy court gains the ability to resolve most disputes involving the debtor. Many disputes can only be litigated before the bankruptcy court. Most disputes are resolved through a special mini-lawsuit called an “adversary proceeding,” which can include lawsuits about bankruptcy-specific issues, like whether or not a debtor is entitled to a discharge of some or all debts, or about issues that would otherwise be brought through a lawsuit in federal or state district court. Bankruptcy courts use special federal and local bankruptcy rules of procedure designed to streamline the litigation process. Similarly, appeals of bankruptcy decisions are usually heard by a special “Bankruptcy Appellate Panel” and also use special rules of procedure. This means that bankruptcy litigation is highly specialized and should only be practiced by those who are familiar with the laws, the rules and the roles of the various parties in bankruptcy. The Sapientia Team has extensive experience in litigating before bankruptcy courts and in bankruptcy appeals. This includes litigating matters before the Minnesota and other bankruptcy courts and appeals courts in the Eighth and other circuits and before the United States Supreme Court.
We strive to provide our clients with practical options to their bankruptcy litigation needs.