In most cases, a personal bankruptcy will be relatively straightforward. In some cases, however, someone may object to a portion of the bankruptcy. This occurs most often where a creditor is alleging that a debt should not be forgiven (or "discharged") because of fraud, but it can also happen if a creditor thinks you are abusing the system, have not disclosed assets, or have not fairly characterized its claim.
How Adversary Proceedings Work
The procedure by which the court determines whether or not a creditor should be discharged if it objects is called an "adversary proceeding." An adversary proceeding is like regular litigation, but it takes place in the bankruptcy court and is tried by the bankruptcy judge.
Adversary hearings are higly specialized proceedings that require a lawyer who is prepared to appear in court. Because these proceedings can be legally complicated and time-consuming, be sure that the bankruptcy attorney you hire regularly handles adverary proceedings in bankruptcy court.
Meeting with an Attorney
You will want to meet with any attorney you are considering hiring to see if you and the attorney can work together. You will really be interviewing the attorney as if you were interviewing a job applicant. In order to do the best possible job on your behalf, your attorney needs your input and cooperation. At your first meeting with your attorney, you should be prepared to provide the following information:
INFORMATION ABOUT YOU Name Address, Including County Length of Time at that Address _______ years Previous Address(es) (for last ten years) Your Work Telephone Numbers __________________ ____________________ Your Home Telephone Numbers __________________ ____________________ Facsimile Number __________________ E-mail Address __________________ Web Page (if any) __________________ Where do you work? Your Position ______________________________ Who is your direct superior at work, and his or her position, address, and phone number? Other litigation you have been involved in Other adversary proceedings, or other litigation, you are currently involved in Bankruptcy Case File No.___________________________ Judge Assigned ______________________________
Trustee Assigned ______________________________ Date Filed ______________________________ INFORMATION ABOUT THE OTHER PARTIES Who is making the adversary claim (your opponent)? Name Is your opponent a business? Form of your opponent's business (corporation, partnership, sole proprietorship, etc.) _________________________ Place of Doing Business ____________________________________ Address, Including County Length of Time at that Address _______ years Previous Address(es) (for last ten years) Their Work Telephone Numbers __________________ ____________________ Their Home Telephone Numbers __________________ ____________________ Facsimile Number __________________ E-mail Address __________________ Web Page (if any) __________________ Former Name(s) __________________ __________________ __________________ __________________ Related Business(es) __________________ __________________ __________________ __________________ Your Contact Person at the Opponent _____________________________ _Other Officers or Officials of the Business Are you aware of any litigation you opponent has been involved in? What does your opponent or your opponent's business make or do? INFORMATION ABOUT THE INCIDENT- WHY IS THIS GOING TO COURT? Describe the incident that occurred that resulted in your opponent bringing this adversary proceeding: How much is your opponent claiming should be excepted from discharge? $________________ Are there written documents which relate to any agreements you have with your opponent? ________________ Are you aware of any claims you may have against your opponent? If so, please explain them |
Getting the Legal Help You Need
Bankruptcy filings can be complicated and time-consuming, particularly when you are litigating a adversary proceeding. Speak to an experienced bankruptcy attorney today to find out more about an adversary proceeding and how a lawyer can best represent you in bankruptcy court.
