- Business Disputes
The Sipos Firm has represented numerous clients with complex business disputes, including:
- Breach of Contract
- Breach of Fiduciary Duty
- Corporate Theft
- Minority Shareholder Rights
- Embezzlement
- Misappropriation of Trade Secret
- Misappropriation of Business Opportunity
- Fraud
- Dissolution of Corporate Entity
- Shareholder Dissolution
- Non-compete Agreements
- Personal Injury
The Sipos Firm has represented numerous clients in simple and complex personal injury actions, including:
- Auto Accidents
- Truck Accidents
- Dog Bites
- Hunting Injuries
- Slip & Fall
- Assault & Battery
- Rape and Sexual Abuse
- Invasion of Privacy
- Unlawful Video
- Securities Fraud
The Sipos Firm has represented many clients in high profile cases involve securities and investment fraud. Click here to learn more.
- Employment & Wages
The Sipos Firm has represented clients in employment and wage disputes, including:
- Unpaid Wages
- Unpaid Overtime
- Wrongful Termination
- Sexual Harassment
- Discrimination based on Age, Race, Religion, National Origin, Gender
- Violation of Non-Compete Contracts
- Violation of Non-Solicitation Contracts
- Government Whistleblower
The Sipos Firm has represented several whistleblowers of government fraud, othewise known as Qui Tam actions, or claims arising under the False Claims Act. The law requires whistleblowers to hire a lawyer for such claims, which can easily be lost unless the claims are presented according to statutory requirements that must be followed precisely to ensure proper handling.
- Crime Victim Law
The Sipos Firm represents crime victims in civil lawsuits. Crime victims often feel disappointed by the criminal law system that is designed more to punish a criminal than to benefit a victim, but which often does neither. Crime victims can learn more about the powerful rights they have in the civil law system at our dedicated website: www.victimrecoverylaw.com
- Post-Bankruptcy Litigation
The Sipos Firm represents clients in specialized lawsuits, called adversary proceedings, that often follow bankruptcy. Once a debtor files bankruptcy, creditors often pursue adversary proceedings to establish the amount of debt they are owed or to exclude their debt altogether from a bankruptcy discharge.
- Real Estate Lawsuits
The Sipos Firm has represented clients in a broad range of disputes involving real estate transactions, including claims related to the enforceability of real estate purchase contracts, lease agreements, fraud in connection with such contracts, and situations where real estate agents breach their duties by placing their own interests ahead of their customers.
- Collections
The Sipos Firm has represented numerous clients in recovering debts owed to them by others. The goal of many civil lawsuits is to obtain a judgment, but often that’s the easy part. After a judgment is obtained, additional litigation might be required to find debtors’ assets and recover them through supplemental proceedings, garnishments, writs of execution, and other available legal remedies.
- Local Counsel
The Sipos Firm acts as local counsel for out-of-state attorneys who need to practice within the Utah state or federal courts.
Bankruptcy Adversary Proceedings.
When debtors decide they can no longer pay their debts, the often file for bankruptcy, which is a special type of lawsuit filed in federal bankruptcy courts. For most who file such actions, the goal is to have their debts discharged. These bankruptcy lawsuits often pit the interests of debtors against their creditors and give rise to new disputes such as: is a person really a creditor; if so, how much is the creditor owed; if anything, is it fair for the debtor to have the debts discharged?
Often, the law requires these disputed issues to be resolved through a separate lawsuit called an "adversary proceeding." Such lawsuits are often not part of the formal bankruptcy action, and require separate attorneys to handle claims that arise in the adversary proceeding. Often, failure to file an adversary proceeding or failure to defend it can result in a simple victory for one side.
A common reason for an adversary proceeding is when a creditor wants to prevent the discharge of a debt owed to that creditor. Federal law states that bankruptcy cannot be used to have certain types of debts discharged, including certain tax debts, debts that arose based on fraud or other criminal acts, debts owed for alimony and child support, student loans, debts related to a DUI, debts that arose from the violation of any securities laws, etc.
If a creditor wants to prevent a discharge, he or she often must file an adversary proceeding. If not, the discharge might happen simply because the creditor did not exercise the right to prevent the discharge. If a debtor disputes the adversary proceeding (for example, the debtor might disagree a debt arose from fraud), then he or she must fight against the adversary proceeding or risk continuing to owe the debt even though the bankruptcy case goes forward.
Examples of adversary proceedings include:
- Jenny hits Bill and causes serious injuries for which Bill needs to pay $10,000 in medical expenses. Jenny cannot afford to pay Bill and files for bankruptcy. Jenny's obligation to pay Bill will likely be discharged unless Bill files an adversary proceeding to establish that his debt arose from Jenny wrongfully hurting him. Jenny will likely continue owe Bill the money unless she fights the adversary proceeding and shows that she did not hit him, or even if she did, it was not wrongful.
- John asks Amy for a $50,000 loan to help him start a business, and he explains the business and his experience in depth. Later, John loses Amy's money, cannot afford to repay her, and files for bankruptcy. Amy believes that John lied to her when he was asking for the loan, and that she would not have provided the money had he not lied. John's debt will likely be discharged unless Amy files an adversary proceeding alleging fraud. John will likely continue to owe Amy the money unless he fights the adversary proceeding and shows that he did not defraud Amy.
Attorneys at Sipos Law handle adversary proceedings for both debtors and creditors.
