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What Is An Adversary Proceeding In Bankruptcy?

An adversary proceeding is essentially a lawsuit that arises when a complaint is filed in a bankruptcy case. An adversary proceeding can be initiated by a debtor, a creditor or a bankruptcy trustee.

If an adversary proceeding has been filed against you in your bankruptcy case, or if you need to initiate an adversary proceeding to protect your rights and interests, I can help. I am Roger Kraft, an experienced Utah bankruptcy attorney serving clients throughout the Salt Lake area.

For a free consultation regarding your bankruptcy concerns, please call 801-871-8353 or 800-640-3207, or complete my contact form. My law office is in Midvale, Utah, and I represent bankruptcy clients throughout Utah County, Salt Lake County, Tooele County, Summit County and the surrounding areas.

When A Debtor Files

A debtor may need to initiate adversary proceedings for a number of reasons. For example, an adversary proceeding can be initiated if a debtor seeks to eliminate a second mortgage in the bankruptcy process.

A debtor may also need to initiate an adversary proceeding if a creditor violated the debtor’s rights in some way. For example, an adversary proceeding may be necessary if a creditor violated the automatic stay on creditor actions, or if a creditor tried to collect a discharged debt.

I can help you determine whether an adversary proceeding is the best course of action in your bankruptcy case. If your rights have been violated, you may be able to collect damages. Alternatively, you may be able to use an adversary proceeding to further exercise your rights and reduce or eliminate debts.

When A Trustee Files

Adversary proceedings filed by bankruptcy trustees usually involve the following types of claims:

  • The trustee takes issue with paperwork that was filed late or is believed to be inaccurate.
  • The trustee claims the debtor made an improper transfer of money or property to a creditor.
  • The trustee believes the debtor filed for Chapter 7 bankruptcy in bad faith, and the trustee seeks to have the bankruptcy changed from Chapter 7 to Chapter 13.
  • The trustee believes the debtor somehow abused the bankruptcy system, and the trustee seeks to have the bankruptcy case dismissed.

If you are being sued by a trustee, I can represent and defend you, as well as help you get the debt relief you need.

When A Creditor Files

Creditors sometimes initiate adversary proceedings against debtors, but creditor-initiated actions of this kind are less common than adversary proceedings filed by debtors and trustees. The reason for this is that adversary proceedings brought by creditors tend to allege dishonesty on the part of debtors, and dishonest actions by debtors are usually discovered earlier in the case.

However, a creditor may initiate an adversary proceeding if the creditor believes that a debt should not be discharged because of any of the following:

  • The debtor filed for bankruptcy in bad faith
  • The debt is the result of a personal injury that was caused by drunk driving
  • The debt is the result of fraud or malicious injury

Being told that you are being sued in the context of your bankruptcy case can feel intimidating. Let me stand up for you and lend the helping hand you need to resolve your debt issues and lay the foundation for a healthier financial future.

Contact Roger A. Kraft, Attorney at Law, P.C.

To discuss your bankruptcy concerns in a free consultation, please call 801-871-8353 or 800-640-3207, or complete my contact form. Evening and weekend hours are available by appointment. My office is centrally located near all courthouses from Provo to Ogden. My rates are affordable, and I accept credit cards.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.