Bankruptcy Mediation, What is it?
Bankruptcy Mediation is important for a number of reasons, typically a Bankruptcy Lawyer, or Attorney helps the cases go through smoothly, as they are properly prepared, analyzed, and filed.
However, when there is a dispute related to a debt, an adversary proceeding is filed. There are a multitude of reasons for an adversary proceeding. Despite best efforts, sometimes disputes are unable to be settled. For those cases, a Bankruptcy Mediator is an excellent additive to bring the matter to resolution prior to a Court trial. In fact, Courts Agree.
Bankruptcy Law: Adversarial Issues:
- The Debtor and/or the Bankruptcy Attorney propose that a debt should be dischargeable in bankruptcy, but the creditor disagrees, e.g., tax debt or willful damages to a creditor.
- The creditor/Trustee, upon looking at the transference of assets before the bankruptcy, asserts that there were fraudulent transfers.
- Debtor/Attorney files that the creditor violated the automatic stay. A creditor seized property/money when the bankruptcy was in place. The debtor was not given the bankruptcy protection that is in place.
- Bankruptcy Adversarial Issues arise in Chapter 7, Chapter 11, and Chapter 13 Bankruptcies.
Bankruptcy Mediation – Basic Facts:
- Non-binding meeting.
- Limited attendees at the hearing: Bankruptcy Mediator (agreed upon by both parties), interested parties and their lawyers.
- Each party is allowed to present their position paper and facts (not shared with the other side) to the Bankruptcy Mediator.
- The Bankruptcy Mediator is given time to review the case before the mediation hearing.
- You do not have to share your position to the opposing party, optional to provide.
- The parties are brought together and provided possible resolutions.
- You have time to decide if the possible resolutions are acceptable to you.
- Most times, I found that a resolution is possible when I have handled bankruptcy mediation
Bankruptcy Mediation - Benefits
- Less Expensive
- Quicker to Resolve
- No trial
- You can control your destiny without the uncertainty of a Court ruling
- Sometimes, you can negotiate a settlement that a Court would not have the jurisdiction to impose
- Court trials could take over a year to schedule and many months to complete the case.
- Court trials cost extensive legal fees, which could exceed the amount in controversy
- The disputes do not linger
- The court can be intimidating and the mediation process is less formal.
- You have input to chose a mediator.
As a valuable asset to both courts of law, and law firms sometimes an unbiased outside party as a Bankruptcy Mediator is able to resolve a dispute that even the most skilled professionals are not able to resolve.
I have served as a Bankruptcy Mediator and resolved many cases without court intervention.
I have a degree in psychology which not only provides insight but also compassion for my clients.
This saves costly legal fees for all parties and moves the case forward.
As a Bankruptcy Mediator, I offer:
- Expert knowledge in private practice specializing in bankruptcy law.
- Board Certification from the American Board of Certification (ABC) in Consumer Bankruptcy Law
- Bankruptcy Mediator training from St. John’s University School of Law
- Ability to work well with diverse dynamics and strive to settle a matter.
- Sound legal knowledge and case interpretations for the parties to consider for resolution.
- 30+ years experience in the bankruptcy field of law.
- Specialty focus in bankruptcy law; my firm devotes 100% of our practice to New Jersey Bankruptcy Law.
- Free bankruptcy consultation so I can understand your case, your position, and whether Bankruptcy Mediation is an option for you.
If you need a competent Bankruptcy Mediator who is not only knowledgeable in bankruptcy law but also works well with diverse situations and personalities, I am here to serve as a Bankruptcy Mediator in New Jersey bankruptcy cases.
I will work to bring your matters to closure through effective Bankruptcy Mediation.