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.
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Adversary Proceedings in Bankruptcy
Learn about adversary proceedings in bankruptcy.
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Adversary Proceedings in Bankruptcy: Fraudulent Transfers
Learn about adversary proceedings in bankruptcy based on a fraudulent transfer.
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Using Your Credit Cards for Cash Advances Before Bankruptcy
If you take out a cash advance prior to bankruptcy, you might not be able to discharge the debt. Learn more.
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Nondischargeability Complaints in Bankruptcy
With a nondischargeability complaint, creditors can challenge the dischargeability of debts that would otherwise be wiped out in bankruptcy.
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Objections to the Bankruptcy Discharge
A creditor or the trustee can object to the discharge of one or all of your debts in bankruptcy.
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Nondischargeability Complaints: What Is the Procedure?
Learn about the steps in an action to challenge the discharge of a debt in bankruptcy.
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What Will Happen in Bankruptcy Court?
A bankruptcy court isn't like other courts—you might never set foot in a courtroom. Learn why.
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What happens if you transfer property out of your name prior to bankruptcy?
You must disclose the car transfer on your bankruptcy papers. In many cases, the trustee will be able to get the car back.
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I repaid my mom before bankruptcy. Can the trustee take that money back?
The bankruptcy trustee may be able to get back money you paid to your mom before filing for bankruptcy.
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I was sued in my bankruptcy for nondischargeability. What will happen if I don't respond?
If a creditor sues you for nondischargeability of a debt, make your you respond in a timely fashion.
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Can I run up my credit card balances before I file bankruptcy?
If you run up your credit card balances right before filing for bankruptcy, the debt might not be wiped out by your bankruptcy.
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Will bankruptcy get rid of a cash advance used to pay off my student loan?
In most situations, if you pay off student loans with cash advances from your credit card, the cash advance debt won't be wiped out in bankruptcy.
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I paid my income taxes with my credit card. Can I discharge the credit card debt in bankruptcy?
If you use your credit card to pay nondischargeable tax debt, those charged on your credit card won't be wiped out in bankruptcy.
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