Las Vegas Bankruptcy Litigation Lawyers
Bankruptcy is supposed to offer a fresh start, but sometimes, getting to that fresh start isn’t a simple matter. Disputes can and do arise, whether you’re a debtor trying to protect your exemptions, a creditor challenging a discharge, or a business working through a complex plan of reorganization.
At Larson & Zirzow, our Las Vegas bankruptcy litigation lawyers have deep experience handling every side of bankruptcy litigation, from representing debtors in contested exemption disputes to prosecuting or defending adversary proceedings. Our attorneys are well-known in Las Vegas for their experience and expertise in bankruptcy litigation. We know that these cases can make or break your financial future, and we bring the expertise, focus, and determination you need to protect what matters most.
What Is Bankruptcy Litigation?
Most consumer and business bankruptcies proceed without major fights. But when the stakes are high and involve large debts, significant assets, or creditor disputes, litigation can arise in a bankruptcy case.
Unlike an ordinary civil disputes, bankruptcy disputes are resolved by the bankruptcy court through contested matters and adversary proceedings involving special rules, tight deadlines, and unique remedies. Knowing how to effectively navigate these disputes is critical to your success.
Contested Exemptions — Protecting What You’re Entitled To Keep
One of the biggest benefits of bankruptcy is the right to keep certain property through bankruptcy exemptions. In Nevada, debtors can claim exemptions for their home equity, vehicles, household furnishings and electronics, retirement accounts, jewelry and musical instruments, or even a personal injury settlement proceeds.
Trustees and creditors may challenge these exemptions if they believe you’re claiming more than you’re allowed, undervaluing assets, or using inappropriate exemptions. A contested exemption can mean the difference between keeping your home and losing it to creditors.
Larson & Zirzow represents debtors in defending their exemptions from claims by creditors and trustees that exemptions are improperly claimed. We know how to present clear evidence, make persuasive arguments, and fight to protect what’s yours to the fullest extent of the law.
Nondischargeability — When Certain Debts Don’t Go Away
Most unsecured debts can be wiped out (discharged) in bankruptcy, but some debts may survive, either because the Bankruptcy Code excludes them from discharge or because a creditor files a nondischargeability complaint.
Under Section 523 of the Bankruptcy Code, a creditor can object to the discharge of a specific debt by alleging fraud, false pretenses or misrepresentations, willful and malicious injury, embezzlement, or other grounds. Under Section 727, a creditor or trustee can try to deny your entire discharge if they prove fraud, concealment of assets, false statements, destruction of records, or certain other grounds.
Whether you’re seeking to protect your fresh start or enforce your rights as a creditor, these adversary proceedings can be highly contentious and technical. Larson & Zirzow’s team understands both sides, and we know how to investigate facts, gather evidence, and litigate these disputes aggressively and fairly.
Contested Matters — Resolving Complex Disputes Efficiently
Not every bankruptcy fight becomes a full-blown adversary proceeding. Many disputes are contested matters, i.e., legal disagreements that require hearings and evidence but are handled within the main bankruptcy case. Examples include:
- Objections to claims or disputing amounts owed to creditors
- Motions for relief from the Automatic Stay
- Objections to the use or sale of property
- Disputes over paying adequate protection to secured creditors
These issues can be highly technical and have major real-world impacts. Our lawyers understand the procedural rules that govern contested matters and make sure your position is fully and forcefully presented to the court.
Adversary Proceedings — Bankruptcy Lawsuits Inside the Case
When a bankruptcy dispute is more than a motion or objection — when it becomes the bankruptcy court’s version of a civl action or lawsuit — it’s called an Adversary Proceeding. Examples include proceedings to:
- Recover fraudulent or preferential transfers
- Determine whether a debt owed to a creditor is nondischargeable
- Deny or revoke a discharge
- Determine the validity, priority, or extent of liens
Adversary Proceedings follow federal litigation rules, including discovery, depositions, and sometimes trial. Larson & Zirzow’s attorneys handle these adversarial matters from start to finish, filing motions to dismiss or for summary judgment, conducting investigation and discovery, negotiating settlements when possible, or taking cases through trial when needed.
Avoidance Actions — Clawing Back Transfers for Creditors
Under Chapter 5 of the Bankruptcy Code, a trustee or debtor-in-possession may file an avoidance action to recover money or property transferred before filing bankruptcy. These actions usually include:
- Preferences: Payments made to certain creditors or other parties within 90 days (or one year for insiders) before filing.
- Fraudulent Transfers: Transfers made with actual intent to hinder, delay, or defraud creditors, or made for less than reasonably equivalent value when insolvent, and made within two years (or up to ten yers for certain transfers) before filing.
Larson & Zirzow represents debtors and creditors in avoidance actions. Whether you need to claw back assets for the benefit of the bankruptcy estate or defend against unfair clarback attempts, we know how to handle these complex proceedings.
Contested Plans of Reorganization — Negotiating the Best Outcome
In bankruptcy, especially under Chapter 11 or Subchapter V, the plan of reorganization is the roadmap for how the debtor will pay creditors and move forward. Creditors, shareholders, and sometimes other stakeholders have the right to object to the plan’s terms.
A contested plan confirmation hearing can involve intense negotiation, evidence, and sometimes expert testimony about feasibility, good faith, and whether the plan complies with the Bankruptcy Code.
Larson & Zirzow helps debtors, from businesses in Chapter 11 or Subchapter V to individuals in Chapter 13, develop plans that stand up in court and satisfy the Bankruptcy Code’s requirements for confirmation. We also represent creditors or other interested parties who want to ensure the plan treats them fairly.
Officers and Directors (O&D) Liability — Personal Risk in Business Bankruptcy
Bankruptcy doesn’t always shield corporate insiders from personal liability. Officers and directors can face lawsuits for breach of fiduciary duty, fraud, or improper transfers of company assets.
If you’re an officer or director, you may need separate representation to defend against these claims. If you’re a creditor who suspects misconduct, you may need to pursue an insider to recover assets for the estate.
Larson & Zirzow has the experience to handle these sensitive, high-stakes disputes with discretion and skill, protecting your rights whether you’re defending or enforcing them.
Why Larson & Zirzow for Bankruptcy Litigation in Las Vegas?
Litigation inside bankruptcy is a different world from ordinary civil lawsuits. It takes specialized knowledge, rigorous preparation, and a commitment to getting the details right. Larson & Zirzow is a boutique firm that doesn’t just file paperwork. We litigate complex disputes when necessary to protect our clients’ interests.
Our lawyers appear regularly in the Nevada Bankruptcy Court, handling contested matters and adversary proceedings for both debtors and creditors. Our team includes a Board-Certified Business Bankruptcy Specialist, recognized for advanced expertise in bankruptcy law.
Whether your future depends on protecting your exemptions, enforcing your rights as a creditor, or resolving a contested plan, we have the knowledge and tenacity to fight for you.
Talk to Us About Your Las Vegas Bankruptcy Dispute
When there’s too much at stake to get it wrong, you need experienced counsel who knows how bankruptcy litigation works. Whether you’re a debtor, creditor, or insider, Larson & Zirzow is ready to protect your interests and help you reach the best possible outcome.
Contact us today to discuss your situation confidentially. We’ll help you understand your rights, your risks, and your next steps.