Bankruptcy and Adversary Proceedings
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What Is an Adversary Proceeding?
An adversary proceeding is another hearing filed in your bankruptcy case. Although it is a part of your original bankruptcy filed, it receives a different case number. Essentially, an adversary proceeding is a vehicle used to let the judge know that the petitioner wants another form of relief. Either the creditors or debtor may file.
How Are the Steps?
There are approximately four steps in an adversary proceeding.
- The petitioner files a detailed complaint in the bankruptcy court seeking relief.
- The petitioner must serve the debtor with the complaint.
- The debtor must file a formal reply to the complaint.
- The judge will hold a hearing to determine whether the debt is discharged.
If the debtor does not file a reply, the petitioner will automatically win and the debtor will not be able to discharge the debt in question.
Examples of Adversary Proceedings
Adversary proceedings are common in the following cases:
- Fraudulent property transfers
- Discharge of debt
- Priority of liens
- Sale of jointly owned property
- Objection to discharge of debts
Do I Need an Attorney?
Bankruptcy is a complex and intricate area of the law. When faced with an adversary proceeding, you should consult an experienced bankruptcy lawyer to lessen your liability. Moreover, a bankruptcy lawyer can lessen your anxiety with their keen knowledge and procedures to take during your case.
Consult a Lawyer - Present Your Case Now!
Last Modified: 08-04-2014 03:34 PM PDT
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