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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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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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 Types of Bankruptcy Cases Must Be Filed as an Adversary Proceeding?
Find out about the bankruptcy lawsuit known as an adversary proceeding.
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What Are the Differences Between an Adversary Procedure and a Contested Matter?
Learn when to file a dispute as an adversary proceeding or as a contested matter.
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What happens if you transfer property out of your name before 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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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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What Is Bankruptcy Litigation?
Learn about the types of litigation that can arise in relation to a bankruptcy case.
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What to Look for in a Bankruptcy Litigation Lawyer
Learn what to ask when hiring a bankruptcy litigation attorney.
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What Are the Differences Between Core and Non-Core Litigation?
Find out about litigation classifications in bankruptcy court.
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The Bankruptcy Litigation Process
Learn what to expect if a dispute arises during your bankruptcy case.
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