Kidwell Law Office


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PRE-BANKRUPTCY PLANNING

If you believe that you even might need to seek bankruptcy relief for yourself or your business you should seek the advice of a competent bankruptcy attorney without delay. Following the advice of well-meaning friends or attorneys who do not have extensive experience on the topics of the taxation of debt-discharge income, exemption law, and fraudulent transfer law can not only be very costly financially but could expose you to potential criminal charges.

Simply stated, there are some things that you absolutely must not do if you are planning to file for bankruptcy and some things that you can (or should) do that are best completed a prescribed period of time before you file – and none of these things are necessarily obvious to the average layperson or inexperienced bankruptcy attorney. Failing to act, or taking the wrong action, can have legal consequences that are devastating.

I have worked with many individual debtors and business owners experiencing financial difficulties and helped them make financial decisions that minimized the risk and maximized the benefit of a bankruptcy filing. And, in some instances, I was able to advise them to take steps that made a bankruptcy filing entirely unnecessary.

 

BANKRUPTCY ADVERSARY PROCEEDINGS AND CONTESTED MATTERS

Most (non-business) bankruptcy cases end without parties ever making an actual court appearance and many bankruptcy attorneys have little or no courtroom experience. Unfortunately, this means that those attorneys are ill-prepared when the bankruptcy takes an unexpected turn and representation in a contested matter or adversary proceeding is required.  I am an experienced trial attorney and have represented debtors, creditors and bankruptcy trustees in practically every kind of adversary proceeding and contested matter; so if you require this kind of bankruptcy representation in your bankruptcy case I can provide it. In fact, much of my work in this area comes from bankruptcy attorneys who refer their own clients to me for representation in contested matters and adversary proceedings.

Examples of contested matters in bankruptcy cases include:

  • Motions by creditors seeking relief from the automatic stay

  • Motions trustees or creditors objecting to claimed exempt property

  • Motions by trustees or creditors objecting to plan confirmation

  • Motions by trustees or creditors to convert or dismiss a bankruptcy case

  • Motions by trustees for turnover of property or records
    • Examples of bankruptcy adversary proceedings include:

      • Proceedings under 11 U.S.C §506(a) to determine the validity, priority or extent of a lien

      • Proceedings under 11 U.S.C §523(a) to determine the dischargeability of a debt

      • Proceedings by a trustee under 11 U.S.C §544(a) to avoid certain pre-bankruptcy transfers by debtors using the so-called “strong arm powers”

      • Proceedings by a trustee under 11 U.S.C §547(b) to avoid pre-bankruptcy preferential transfers by debtors

      • Proceedings by a trustee under 11 U.S.C §548(a) to avoid pre-bankruptcy fraudulent transfers by debtors

      • Proceedings by a trustee or creditor under 11 U.S.C §727(c), (d) or (e) to seek the denial or revocation of the debtor’s discharge

      I have significant experience in successfully representing clients in each of the contested matters and adversary proceedings listed above. Please contact me for a free initial consultation should you require representation in any of these areas.

       

      CIVIL LITIGATION

      “Civil litigation” refers to the entire range of court proceedings other than criminal cases. Although I both prosecuted and defended criminal cases early in my career, I now limit my trial practice to civil litigation. I have tried over 100 cases to verdict, including jury trials in both state (Minnesota) and federal courts. Most of my experience is in handling business disputes, but I have represented clients in cases involving employment discrimination, personal injury, landlord/tenant disputes, insurance claims, mortgage and real estate disputes, and consumer fraud cases.


      I provide a free initial consultation for all civil litigation matters and am willing to discuss accepting cases under fee arrangements involving a contingent fee, an hourly fee, or a combination of hourly and contingent.

      DISCLAIMER: The legal information provided on this website is general in nature and should not be relied upon as providing legal advice. Legal advice can only be provided after full consideration of all relevant information related to an individual’s particular situation in light of currently applicable law.



      (763) 218-0018