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LITIGATION

Most bankruptcies do not involve litigation. In fact, in most bankruptcies you never appear in front of the judge assigned to your case. However, some bankruptcy cases can involve litigation. Litigation can entail defending yourself against aggressive creditors and/or the U.S. Trustee system. Litigation can also involve using the bankruptcy legal system to protect your constitutional bankruptcy rights. In either situation, you want to make sure you have quality, experienced legal representation. Wink & Wink provides litigation services for all types of bankruptcy filers.

DEFENSIVE LITIGATION

Most bankruptcies go through the system without the bankruptcy filer(s) ever setting foot in a courtroom. Sure, everyone who files bankruptcy must appear at the Meeting of Creditors, but this is not actually court. This is a hearing held to give creditors and the bankruptcy panel trustee assigned to your case an opportunity to question you about your petition and schedules and ensure that they are accurate. Usually, creditors do not even appear because the panel trustee assigned to the case sits as their representative/fiduciary and represents their interests without them having to appear. But in rare cases, a bankruptcy can involve litigation aimed at you. And in these cases, you want to make sure you have experienced and aggressive legal representation.

Wink & Wink represents clients in bankruptcy litigation. The most common types of litigation to occur in connection with a bankruptcy filing are:

  • 1) Adversary proceeding filed by a creditor to object to their debt being discharged.
  • 2) Adversary proceeding filed by the Trustee claiming some misconduct in connection with a bankruptcy filing.

Both of these situations require time and skill to resolve. We will start with a free consultation to determine your best course of action and likely outcomes and then craft a defense to best protect your interests.

OFFENSIVE LITIGATION

Filing a bankruptcy gives you powerful protection against your creditors. Once you file your case, creditors are forced to immediately stop all collection activity. Once your debt to a creditor is discharged, they are never again allowed to attempt to collect it from you at any point. Sometimes, though, creditors either don’t understand the law or don’t care and they violate your bankruptcy rights.

If a creditor is attempting to collect a debt included in a bankruptcy, then you have rights. Enforcing those rights requires litigation. This means that you must sue the offending creditor in order to protect your rights, and also to seek money damages or compensation because your rights were violated.

Wink & Wink represents people who have had their bankruptcy rights violated by a creditor. We start by evaluating your case against the creditor and then determining the most effective way to force them to make it right.

In either scenario Wink & Wink provides you with the experienced negotiation skills of Attorney Michael Wink and the experienced courtroom litigation skills of Attorney Gigi Wink. As a former corporate CEO and venture capital Principal, Mr. Wink has many hours of intense negotiations under his belt. He is calm and logical in his approach to litigation and negotiation strategy. As a former Public Defender, Mrs. Wink has litigated numerous jury trials, contested hearings and routine docket matters. Her quick thinking and oratory skills have benefitted many litigation clients. Together, the Winks are a litigation team that will work tirelessly and aggressively to protect your interests.