Marcus Hayes Herbert

LITIGATION AND APPEALS  The practice areas listed on this site include a pretty good explanation of what each area of practice means.  However, those descriptions do not really explain that most cases do not involve trial work.  Most cases are not disputed.  But when a case does involve a dispute over a legal issue with the case trustee or between a creditor and the debtor, there is often a lot at stake, such as whether the debtor keeps or loses an asset, or whether a particular debt can or cannot be wiped out.  Sometimes these are significant such as taxes, or student loans, or a lien on a house or automobile.  When these situations arise, it is important to have an experienced bankruptcy litigator.  There are a lot of lawyers that prepare bankruptcies that have little if any experience with bankruptcy trials and contested motions in court, let alone in defending a decision on appeal or taking an appeal of an adverse ruling up to the next higher court.  Contested matters (litigation) and appeals involve a different skill set and the outcome often depends on whether one has an effective attorney or not. 

When issues become complicated by legal challenges during a bankruptcy, most clients just continue with the original attorney.  Sometimes it is that attorney that created or added to the underlying problem by not spotting an issue in advance, or by sloppy work in preparing the bankruptcy petition and supporting documents.  If your case becomes a contested mess it might be a good idea to consult another attorney or bring in an outside attorney with a fresh perspective to consult with you or with you and your existing attorney for ideas about how to proceed.  I have been litigating and working on bankruptcy appeals for almost all of my 28 year legal career.  My most honest self asessment is that litigation and appeals are areas that I do very well in.  Feel free to have your lawyer give me a call.