Adversary proceedings are lawsuits related to or arising from a bankruptcy case. It can be filed by you, your creditor or the trustee and may involve a variety of issues, including:
- Dischargability of a debt
- Objections and revocation of a discharge
- Recovery of money or property
- Violation of automatic stay by a creditor
So what is the process? An adversary pleading may be filed with the U.S. Bankruptcy Court in the Northern District of Georgia. The respondent may then file an answer to counter the petitioner’s arguments. During the proceedings, the parties are permitted to conduct discovery — which may include depositions, interrogatories and subpoenas for documents. The bankruptcy court may conduct a hearing at which the judge considers the evidence presented by the parties and makes a decision; however, many adversary proceedings are settled by consent order.
A creditor may use the adversary proceedings to oppose the dischargability of your debt by arguing that your debt:
- Arises from false pretenses, false representation or actual fraud
- Arises from fraud as fiduciary, embezzlement or larceny
- Is a domestic support obligation
- Involves willful and malicious injury
- Is for a student loan
A skilled attorney can help you throughout the bankruptcy process.