An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (the creditor, the bankruptcy trustee, or you) files a complaint.
Law Offices of Sheila Esmaili are experienced in a variety of adversary proceedings, large and small. We have represented several debtors and creditors, alike. We understand the ins and outs of bankruptcy litigation and how it differs from—and resembles—traditional litigation. Bankruptcy litigation differs significantly from bankruptcy practice and from civil litigation, requiring specialized knowledge of the Bankruptcy Code combined with a thorough grasp of civil litigation practice. An attorney specializing in bankruptcy litigation will also be a skilled negotiator, as many claims settle rather than continuing through a full bench trial. Not every bankruptcy case has an adversary proceeding. In fact, adversary proceedings are rare and typically occur in larger corporate bankruptcies. Adversary proceedings are an extremely important aspect of bankruptcy, so its important to have an exceptional and experienced attorney who can zealously represent your interest to the very end of the case.
The following is a list of some, but not all, actions that may be brought by adversary proceeding:
Proceeding to object to or revoke the debtor’s discharge under 11 U.S.C. §§ 727 or 1328, except for a motion objecting to discharge under §§ 727(a)(8), 727(a)(9), or 1328(f). See FRBP 4004(a) for filing an objection to discharge.
Proceeding to determine the dischargeability of a particular debt under § 523.
Proceeding to revoke confirmation of a plan in chapters 11, 12, or 13 under §§ 1144, 1230, or 1330.
Proceeding to subordinate a claim or interest (other than as part of a plan) under § 510.