• Archives

  • Blog Stats

    • 668,245 hits
  • Categories

Adversary Proceedings in United States Bankruptcy Court

Adversary proceedings in United States Bankruptcy Court are the topic of this blog post.

An adversary proceeding is a lawsuit filed within a bankruptcy case. It is an action commenced by a plaintiff filing a complaint against one or more defendants. An adversary proceeding resembles a typical civil case from state court. The plaintiff is the person, partnership or corporation initiating the lawsuit.  The defendant is the person, partnership or corporation being sued.

Two of the most common adversary proceedings are (1) a complaint to determine the dischargeability of a debt under 11 U.S.C. § 523[c], and (2) a complaint to deny the Debtor a discharge under 11 U.S.C. § 727.

A complaint to determine the dischargeability of a debt is generally filed for one of two reasons; (1) the debt is based on fraud or false representations, see 11 U.S.C. § 523(a)(2), or the debt is based on willful or malicious injury to another, see 11 U.S.C. § 523(a)(2).

The deadline to file a complaint to determine the dischargeability of a debt under 11 U.S.C. § 523[c] is no later then sixty (60) days after the date first set for the meeting of creditors. See Fed. R. Bankr. P. 4007[c]. If the complaint is not timely filed it is barred unless a request for extension of time is granted by the bankruptcy court before the deadline.

A complaint to deny the Debtor a discharge is less common as it is generally used when a creditor cannot file a complaint to determine the dischargeability of a debt because the debt is not based on any of the reasons specified in 11 U.S.C. § 523.

The deadline to file a complaint to deny the Debtor a discharge under 11 U.S.C. § 727 is also no later then sixty (60) days after the date first set for the meeting of creditors. See Fed. R. Bankr. P. 4004[a]. If the complaint is not timely filed it is barred unless a request for extension of time is granted by the bankruptcy court before the deadline.

Once the summons and complaint are filed they must be served on the defendant within 120 days from the date the complaint was filed or the case will be subject to dismissal. See Fed. R. Civ. P. 4(m).

The defendant must answer the complaint within thirty (30) days after issuance of the summons unless a different date is specified by the court. See Fed. R. Bankr. P. 7012[a].

If the defendant does not answer the complaint by the date set forth in the summons they are in default. The Plaintiff can then obtain a default judgment for the relief requested in the complaint.

If the defendant does answer the complaint then discovery is permitted pursuant to the Federal Rules of Civil Procedure.

Attorneys or parties who wish to view a portion of a sample adversary complaint for fraud for sale by the author please see below.

Attorneys or parties who wish to view a portion of a sample answer to an adversary complaint for sale by the author please see below.

 

Attorneys or parties that would like more information on a Federal litigation document package containing over 60 sample documents including both a sample adversary complaint for fraud and a sample answer to an adversary complaint can use the link shown below.

Federal litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

Follow Stan Burman on Twitter at:

https://twitter.com/LegalDocsPro

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

Advertisements

What is your opinion?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: