Civil Litigation Lawyer
Civil litigation means resolving disputes in court, and in our practice that's creditor misconduct: automatic-stay violations, adversary proceedings, sanctions motions, and abusive debt collection, litigated for individuals and small businesses across Philadelphia and South Jersey. And if you've just been sued over a debt, don't wait. The clock to respond started when you were served, and missing it can hand the other side a default judgment.
When a creditor crosses the line, we take it to the judge
Bankruptcy comes with real teeth, and litigation is how they bite. When a creditor keeps collecting after you file, section 362(k) of the Bankruptcy Code lets an injured filer recover actual damages, including costs and attorney fees, and in appropriate circumstances punitive damages. We've used it: in In re Minarik (Bankr. E.D. Pa. 2025), we recovered $20,000 from PPL for a client after an automatic-stay violation. When a creditor files papers it never should have, Rule 9011, bankruptcy's version of Rule 11, allows sanctions, and we obtained them against a creditor in In re Heasley (Bankr. E.D. Pa. 2025). We also handle adversary proceedings, the lawsuits inside a bankruptcy case over fraud claims, dischargeability, and liens, and we bring FDCPA suits against collectors who harass or lie. Past results never guarantee a future outcome, but they show you exactly how we operate.
What we litigate
- Adversary proceedings: defending fraud and dischargeability complaints, disputes over liens and property
- Automatic-stay violation suits under section 362(k) when a creditor keeps collecting after you file
- Rule 9011 sanctions motions when a creditor files papers it never should have
- FDCPA suits against debt collectors who harass, lie, or threaten
- Debt collection lawsuit defense in Pennsylvania and New Jersey
How we work
- A straight read on your odds before you commit to anything
- Experience on both the debtor and creditor side of the courtroom
- Settlement when it serves you, the judge when it doesn't
- Some claims shift our fees to the creditor when the statute allows it
Common questions about Civil Litigation
What is an adversary proceeding?
It's a lawsuit inside a bankruptcy case. Adversary proceedings decide things like whether a specific debt gets discharged, whether a lien is valid, and whether property comes back to the estate. We defend filers against fraud and dischargeability complaints under section 523(a) and objections to discharge under section 727, and we bring adversary proceedings when a creditor's lien or conduct deserves a fight.
A creditor kept collecting after I filed bankruptcy. What can I do?
That may be an automatic-stay violation, and the law takes it seriously. Section 362(k) entitles an injured filer to actual damages, including costs and attorney fees, and in appropriate circumstances punitive damages. In one of our cases, In re Minarik (Bankr. E.D. Pa. 2025), we recovered $20,000 from PPL for a client after an automatic-stay violation. Every case turns on its own facts, but the remedy is real and we know how to pursue it.
What are Rule 9011 sanctions?
Rule 9011 is bankruptcy's version of Rule 11. Anything filed with the court has to have a real factual and legal basis, and the rule comes with a 21-day safe harbor before a sanctions motion can be filed. When a creditor crosses that line, we move for sanctions. We obtained Rule 9011 sanctions against a creditor in In re Heasley (Bankr. E.D. Pa. 2025).
Can I sue a debt collector for harassment?
Often, yes. The FDCPA bars harassment and abuse, false or misleading statements, calls before 8am or after 9pm, and contacting you at all once you're represented by a lawyer, and it gives you a private right of action. If a collector broke the rules, you may be able to make them pay you. We'll give you an honest read in a free consultation.
I've been sued over a debt. What should I do first?
Don't ignore it. There's a deadline to respond, and missing it can hand the other side a default judgment, which can mean a frozen bank account or garnished wages. Call us as soon as you're served so we have time to review the complaint and protect your rights.
How much does litigation cost?
It depends on the case. Some claims, like stay violations and FDCPA suits, come with fee-shifting, meaning the other side may have to pay our fees if you win. Others we price up front so there are no surprises. Either way, the consultation is free, and you'll know the realistic costs and outcomes before you commit.