An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case.
Adversary Proceeding – Toledo, Ohio
The majority of personal bankruptcy cases will be straightforward. However, sometimes a bankruptcy case can become very complex when an adversary proceeding is filed. An adversary proceeding commonly arises when a creditor objects to the discharge (where the creditor believes a debt shouldn’t be forgiven) because the creditor thinks the debtor didn’t disclose assets, miscatorgized a claim, committed fraud, or believes the debtor is abusing the bankruptcy system.
An adversary proceeding is similar to regular litigation, except that the entire matter takes place in bankruptcy court. Similarly, there are strict deadlines and rules that must be followed.
Many bankruptcy lawyers do not represent clients in adversary proceedings because they can be complicated and time consuming. It’s very common for debtors to sign a fee agreement in which adversary proceedings are specifically excluded from the services from the bankruptcy attorney. Contact Bankruptcy Attorney Scott Ciolek today to discuss your adversary proceeding situation.
When does an adversary proceeding occur?
An adversary proceeding in a bankruptcy case arises when there is a dispute relating to certain debts.
What is bankruptcy?
Bankruptcy law allows debtors, who are unable or partially unable to pay outstanding debts, to rid themselves of these debts and obtain a fresh start
What are the different types of bankruptcy?
Most debtors file for bankruptcy under Chapters 7, 11, and 13.
Will my employer be notified about my bankruptcy?
Your employer will generally not be notified of the bankruptcy unless your employer is also a creditor, or unless there is a garnishment in place.
Chapter 7 Bankruptcy
Chapter 7 Bankruptcy provides one of the quickest ways to get a fresh start and stop the stress of creditor calls, garnishments, and lawsuits.
Chapter 13 Bankruptcy
Chapter 13 Bankruptcy offers property protection and debt discharge in exchange for a commitment to pay back all or a portion of your debts through a payment plan.
Depending on the situation, it may be possible to negotiate modifications with your lender, resulting in a lower interest rate, a lower monthly payment, extending the length of the loan, etc.
How Can We Help?
“We were extremely impressed with the quick response to all questions, calls and emails. Scott was very clear in explaining the process and treated us with the utmost respect.” - Ohio Client