Adversary Proceedings

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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.

Experienced California Bankruptcy Law Attorney Providing Affordable Counsel

Mr Madaen is committed to providing affordable, accessible services to help financially strapped members of the community. The chance to file bankruptcy for less than $1,000 offers real hope to those struggling with debt. Mr.Madaen believes this is both good business practice and a way of giving back to our friends and neighbors.

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Here are all resources you would need to know about bankruptcy!

Bankruptcy Chapter 7

This is called straight bankruptcy. It is the most commonly used. You will retain all your exempt assets free of any creditor claims.

Bankruptcy Chapter 11

Chapter 11, mostly used by businesses –also concerns reorganization of your debts–that is, payments over a period of time  which is similar to Chapter 13.

Bankruptcy Chapter 13

A Chapter 13 Bankruptcy permits you to pay your creditors in monthly installments over three to five years.

Involuntary Bankruptcy

Click here to know more about Involuntary Bankruptcy.

Adversarial Procedure

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