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Contested Matter


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.


More Help on Contested Matter

  • Adversary Proceedings - Adversary proceedings are a federal lawsuit within the bankruptcy process which is started by filing a complaint with the bankruptcy court against one or more defendants and is used to determine the validity of certain claims. - read more

  • Automatic Stay - If a petition is filed under Chapter 7, Chapter 11 or Chapter 13 Bankruptcy Section 362(a) of the Bankruptcy Code, it initiates an automatic stay which is basically an injunction against creditors to cease any activities which advance the interest of the creditor against the debtor. - read more

  • Dismissal - A bankruptcy dismissal can occur if the Bankruptcy Court stops the bankruptcy case and instead of granting the Debtor relief by discharging their debts, lifts the Automatic Stay, allowing the creditors to continue all legal debt collection efforts. - read more

  • Executory Contract - An executory contract is one where some of the obligations have not been completed to fulfill the terms and conditions of the contract. - read more

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