Creditors' Rights and Bankruptcy Litigation
Debtors often file bankruptcy to avoid legitimate debts or frustrate collection efforts. We frequently help creditors pursue and defend adversary proceedings in bankruptcy court, whether against debtors, bankruptcy trustees, or otherwise.
Whether a debtor owes you money or you are being pursued in a fraudulent transfer / preference action, litigation in the context of a bankruptcy court requires specialized knowledge and knowledge. At DeSouza Law, our extensive experience allows us to provide a full spectrum of creditor’s rights & bankruptcy litigation services in both state and federal courts.
In the quick moving (and somewhat unfavorable) world of bankruptcy, we work with you to leverage your legal rights, press for immediate results, and protect your interests. Whether you’re a commercial creditor, a landlord, or the target of a preference / fraudulent transfer action, you need a legal partner who will provide aggressive, efficient representation that is driven for recovery in a timely manner. We can act as your advocates through all aspects of contested matters and adversarial proceedings – including preference actions, fraudulent transfer actions, matters relating to a debtor’s discharge, motions for relief from the automatic stay, lender liability defense, and other areas where counsel is required to obtain a favorable result.
Typical Areas of Practice
- Preference Defense (§ 547)
- Fraudulent Transfer Defense (§ 548)
- Involuntary Bankruptcies (§ 303)
- Contested Matters and Adversarial Proceedings
- Demands, Loan Workout & Restructuring
- Judgment Collection
- Lender Liability Defense
- Automatic Stay Motions
Notable Bankruptcy Court Representation
- In re: Odyssey Engines, LLC et al. (Southern District of Florida) – successfully defended adversary proceeding brought by debtor against creditor bank and obtained order allowing creditor bank to remove/repossess millions of dollars of aircraft engines
- In re Francisco Fernandez Yzaguirre (Southern District of Florida) – successfully opposed debtor’s efforts to pursue Chapter 13 bankruptcy on eve of contempt hearing scheduled in federal district court
- Great American Insurance Company v. Akram Niroomand (Southern District of Florida) – obtained final judgment against debtor on Complaint to bar bankruptcy discharge with respect to $3.2 million judgment entered in federal district court
- In re: F & R Equipment & Wholesale, LLC (Southern District of Florida) – obtained dismissal of Chapter 11 bankruptcy proceeding as a bad faith filing