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Adversary Proceedings

An adversarial action is somehow a civil lawsuit within bankruptcy court.

Frequently, a debtor might use adversarial proceedings to recover money or property for the estate, or use it to avoid a lien (usually second mortgage). A creditor would also use Adversarial Proceedings to determine the validity of or priority of a lien, revoke the confirmation, determine the dischargability of a debt, and many other instances. An adversarial action shall be commenced no more than 60 days after the initial 341a hearing even though the initial hearing has been continued. An adversarial proceedings starts with filing a complaint listing the facts pertinent to the case, and related remedies.

The bankruptcy court thereafter issues the summons and in most circumstances it will be electronically served upon the attorney for debtor. To be sure, the summons and complaints also shall be served upon the debtor. Defendant in adversarial action shall file the answer within the time limit allowed. Thereafter, the parties engage in discovery of the facts and evidences to be introduced in trial.

Madaen Law, Inc. provides Adversarial Proceeding on hourly fee basis. Please call us to arrange free consultation on your case.