Adversary Proceedings in Bankruptcy
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're considering bankruptcy, you probably shouldn't run up credit card balances! Learn about the risks of fraud, the rules creditors use, and how to defend yourself. The article includes updated presumption of fraud figures and a roadmap for further learning.
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.
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