Litigation

The litigation practice involves representing individuals and companies in a variety of estate and bankruptcy litigation matters. Estate litigation involves representing trustees and heirs in estate and probate litigation. Disgruntled heirs or beneficiaries can object to a probate or trust administration. We represent trustees who are faced with an objection to an account or a petition for removal. We also represent heirs who sometimes are facing a recalcitrant trustee who refuses to account or timely administer an estate.  Bankruptcy litigation involves representing individuals and companies who are often involved in adversary proceedings and related litigation and need their rights protected in the context of a bankruptcy filing.

TRUST / PROBATE LITIGATION

We assist and represent trustees, beneficiaries, heirs and interested parties involved in probate and trust litigation. An heir may have been omitted from an estate plan. A minor child may need his or her rights protected in a trust or a probate estate, or a will or codicil may need to be challenged. A trustee may not have acted in a timely manner or otherwise properly administered a trust. A trustee might be facing a removal action and need the appropriate defense. Each situation is unique and may or may not require court involvement as sometimes private mediation is a cost-effective solution.

BANKRUPTCY LITIGATION

We represent parties involved in various aspects of litigation in bankruptcy. Debtors may be facing a non-dischargeability lawsuit, an objection to their exemptions, or an objection to their discharge. Secured creditors may need their rights protected by filing an adversary proceeding, objecting to discharge, moving for relief from stay, or objecting to confirmation.   General creditors may need to protect their rights by filing motions, objecting to plans and filing a non-dischargeability complaint.

Contact us at (925) 472-8000 for more information or if you have questions.

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The Law Offices of David A. Arietta
700 Ygnacio Valley Road
Suite 150
Walnut Creek, CA 94596