What is an Adversary Proceeding in Bankruptcy
A San Jose bankruptcy lawyer explains the adversary proceeding in bankruptcy...
An adversary proceeding is comparative in bankruptcy to a lawsuit in civil state court. When a bankruptcy petition is filed and the creditors are noticed, the creditors are given a window of opportunity to file a claim with the court stating a reason or reasons why their debt should not be discharged. Adversary proceedings are governed by Federal Rules of Bankruptcy Rule 7001and can be initiated to determine dischargability of a debt, validity or extent of a lien, to object to a discharge, to obtain an injunction, or to determine a co-debtors liability.
An adversary proceeding is not its own separate lawsuit, but in fact a lawsuit within the bankruptcy itself. The person seeking relief is called the plaintiff and files a complaint at the bankruptcy court. The debtor becomes the defendant for the term of the adversary proceeding. The defendant will file an answer, should he or she dispute the debt, and then a round of discovery will take place and it will all culminate in a court trial should the parties not settle amicably.
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