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What is an Adversary Proceeding, Anyway?

In order to force a hearing in front of a judge in a bankruptcy case, either the creditor, debtor, or bankruptcy attorney must file what is called an adversary proceeding.

Anatomy of an Adversary Proceeding

An adversary proceeding is a written document that must consist of a these various parts:

Basic facts of the case: The parties involved, their addresses, etc, need to be listed.

Jurisdiction: A brief statement as to why your case is being filed in that particular court.

Allegations: What is being accused of the defendant?

Relief: What would you like the court to do about these allegations? If you’re a debtor, perhaps you would like student loan repayment relief, or some other type of debt relief.

The Three Major Parties

You (the debtor): The debtor may file an adversary proceeding if he or she feels that the creditor has violated the automatic stay or the discharge injunction given by another court.

Creditor: Sometimes the creditor will file to argue that part or all of the debt owed falls under one of the exceptions to discharge, such as fraud. The creditor might even file because they think that the bankruptcy filing was done in bad faith, but this rarely happens.

Bankruptcy Attorney: The bankruptcy attorney may file because paperwork was not filled out properly or on time, to force the bankruptcy from Chapter 7 to Chapter 13, or even to dismiss the bankruptcy case.

No matter what party has filed the adversary proceeding, it’s only the judge who can decide the outcome of the hearing.

If you’re a debtor, experienced Atlanta bankruptcy attorney, Marty Adkins will help ensure that the judge decides in your favor, when you have your hearing. Don’t hesitate to contact the Adkins Firm Today!

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