Most bankruptcies face few challenges. Your bankruptcy lawyer files the petition on your behalf and you meet with the trustee. The creditors’ meeting is frequently a formality and no creditors may even attend. All goes well with no blips on the radar screen, so to speak.
However, some bankruptcies are complicated and do not move along smoothly. An adversary proceeding is a civil lawsuit filed by a party who objects or requests that the court take action regarding some aspect of the bankruptcy.
Bankruptcies have their own legal terms, and procedures are distinctly different from other civil court procedures. The Federal Rules of Bankruptcy Procedure govern how judges must oversee cases and outline the rules attorneys must follow when handling a case. Adversary proceedings are also legal actions subject to these rules.
Types of adversary proceedings
Lawyers can accomplish some legal actions by filing motions, and others require commencing an adversary proceeding. Examples of legal actions that your lawyer or other parties must file as an adversary proceeding include:
An action to recover money or property
An action to determine the validity or extent of a property lien
An action to object to certain debt discharges
An action to revoke a confirmation of a Chapter 11 or Chapter 13 plan
An action to rule on the ability to discharge a debt
Your bankruptcy attorney can explain what adversary proceedings have been filed during your bankruptcy case and their relevance to the outcome of your bankruptcy. Harold Shepley & Associates is a full service Pennsylvania debt relief law firm with considerable experience handling bankruptcies. Arrange a free consultation to discuss your financial issues.