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  1. Bankruptcy Glossary
  2. Contested Matter

What is Contested Matter?

Bankruptcy rules do not define the term contested matters and do not list disputes which can be settled as a contested matter, but under Bankruptcy Rule 9014 the code does establish procedures to resolve disputes. Some contend contested matters may be resolved more quickly than adversary proceedings, but this may not always be the case. All matters which are disputed that are not covered by Bankruptcy Rule 7001 may be considered a "contested matter".

There are many matters which are considered contested matters and are outlined in The 1983 Advisory Committee Note to Bankruptcy Rule 9014 and can include the following: Dismissal or conversion of a case Rule 1017(f)(l) Objections to confirmation of a plan Rule 3020(b)(i) Motions for relief from the Automatic Stay Rule 4001(A) Motions to use cash collateral Rule 4006(b) Motions to obtain credit Rule 4001(c) Avoidance of liens under section Code 522(f) The assumption, rejection or assignment of Executory Contract Rule 4003(d) Other contested matters exist and are generally started by filing a motion. The party who is seeking relief must offer "reasonable notice and opportunity for hearing". It is important to discuss all information concerning contested matters with a bankruptcy lawyer.