A Bankruptcy Adversary Proceeding is a lawsuit related to bankruptcy. The person bringing the Adversary Proceeding is known as the plaintiff and the person being sued is known as the defendant.
A bankruptcy case may contain zero, one or more adversary proceedings.
Adversary proceedings are initiated by filing a “complaint” with the Bankruptcy Court in San Diego.
Adversary proceedings may be filed by the Bankruptcy trustee, the debtor, a creditor or by other parties. Examples include: (1) a creditor filing an adversary proceeding to challenge discharge of the debtor; (2) a debtor filing an adversary proceeding against a creditor as a response to a violation of the automatic stay; or (3) the trustee filing an adversary proceeding against a third party related to the transfer of an asset by the Debtor to the defendant prior to the Debtor filing Bankruptcy.
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