Both you and your creditors have the right to file adversary proceedings in a bankruptcy case. The outcome of these proceedings will determine whether or not a particular debt is discharged when your bankruptcy is complete. For this reason, you need a bankruptcy lawyer to help you with these proceedings. The attorneys who work for the Law Offices of David Kohm can help you resolve your bankruptcy.
Reasons for an Adversary Proceeding
There are three reasons someone might file a motion for an adversary proceeding.
- A creditor believes you filed bankruptcy in bad faith or that a particular debt is not dischargeable. It’s important to settle this as soon as possible, as you can get into legal trouble if you filed bankruptcy in bad faith.
- A trustee believes your bankruptcy was filed in bad faith, your paperwork is not filled out correctly, or you gave money to some creditors in violation of the bankruptcy laws.
- You believe a creditor took illegal action against you, such as trying to collect the debt while you were protected by an automatic stay.
Clearly, these types of proceedings are very serious, and you need an attorney to help you regardless of who filed the motion for an adversary proceeding.
How The Proceeding Works
Every adversary proceeding begins with somebody filing a motion for an adversary proceeding. You, the trustee, and/or the creditor can then submit evidence to the bankruptcy court related to your side of the proceeding. The bankruptcy court judge makes a decision as to who is right. You will then be notified as to the decision and what it means for your case.
These kinds of proceedings are often intimidating because you don’t meet with or speak directly with a judge, as you would with other kinds of legal cases. That’s why it’s even more important to rely on an attorney to help you if you face this kind of issue. If you need a bankruptcy attorney in Arlington, call the Law Offices of David Kohm at 817-204-0900 for a consultation.
