Adversary Proceedings

Posted by & filed under General Bankruptcy.

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.

Contact our office today for more information.

To protect against spam, please enter the letters below