An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (the creditor, the bankruptcy trustee, or you) files a complaint. Many bankruptcies go through to completion and discharge without any adversary proceedings. But not so in others.
A creditor or the bankruptcy trustee might bring an adversary proceeding to challenge the dischargeability of a particular debt -- alleging that you incurred it through fraud. Or the trustee might seek to regain property that you transferred or sold to someone else prior to your bankruptcy. You can bring an adversary proceeding too. For example, in many districts, you can only get rid of junior liens on real estate through an adversary proceeding.
Read the articles below to get details on how adversary proceedings work, common types of adversary complaints, and more.
Learn about adversary proceedings in bankruptcy.
A creditor or the trustee can object to the discharge of one or all of your debts in bankruptcy.
A bankruptcy court isn't like other courts—you might never set foot in a courtroom. Although all filers must attend one official meeting, known as the "341 meeting of creditors," most individual filers never go before the judge. Beyond that meeting, you’ll only have to testify in court if certain issues come up in your case, and many of these matters get resolved before a trip to the courthouse is necessary.
You must disclose the car transfer on your bankruptcy papers. In many cases, the trustee will be able to get the car back.
If you run up your credit card balances right before filing for bankruptcy, the debt might not be wiped out by your bankruptcy.
Learn about the types of litigation that can arise in relation to a bankruptcy case.
Learn what a bankruptcy trustee looks for in the bankruptcy petition, the techniques used to investigate fraud suspicions, and the actions taken after finding evidence of bankruptcy fraud.
Sidestep the lawyers with do-it-yourself books, documents, and software.
Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.
Click below to view more legal issues. Our extensive collection of legal topics ranges across different areas of practice.
Our editors have over 100 years of combined experience practicing law. These professionals have worked in a wide range of legal areas, from estate planning to criminal law to business formation and beyond. They’re experts at explaining complicated legal issues in easy-to-understand terms.
Learn more about the team that manages Nolo’s articles, books, and DIY tools.
Find an experienced, local attorney in three easy steps. Our process is designed for ease and simplicity.
Briefly tell us about your case, and provide your contact information.
We find and instantly list attorneys that can best handle your case.
Choose the attorneys you would like to work with.
At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.
Grow your firm with Martindale-Nolo, the largest legal network, and learn more about our attorney lead-generation and marketing services.
At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.