What is “debtor’s rights litigation” in a Chapter 11 bankruptcy?
Debtor’s rights litigation in a Chapter 11 bankruptcy refers to the legal actions taken by a debtor to protect their rights. This type of litigation may include fighting for the right to keep certain property that the bankruptcy court wants to repossess or liquidate. It can also include challenging the terms of the creditors’ proposed repayment plan or contesting the amount owed to creditors. In Virginia, a debtor may also use debtor’s rights litigation to challenge the legality of certain actions taken by creditors or other parties. For example, if a creditor has refused to accept payment offers from the debtor, the debtor may be able to file a motion to compel the creditor to accept payment or dismiss the debt. Debtor’s rights litigation can be a powerful tool for debtors dealing with creditors in a Chapter 11 bankruptcy. It can allow debtors to protect their rights and ensure a fair outcome from the bankruptcy court. It is important to note that debtor’s rights litigation can be expensive and time-consuming, so it is always best to speak with a qualified bankruptcy attorney before pursuing this type of action.
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