In certain bankruptcy cases, creditors, the bankruptcy trustee, or the government, through the Office of the United States Trustee, files lawsuits in the bankruptcy court.
The cases are called “Adversary Proceedings.” These cases are run in a similar manner as other cases in California and Federal Courts.
The process of such adversary cases begins with a complaint filed against a party, usually the person filing the bankruptcy. The party receiving the complaint then has 30 days to respond with an answer or a motion.
The most common reasons why someone would file an adversary proceeding in a bankruptcy case is to have to Bankruptcy Court decide on whether someone should be allowed to eliminate, or discharge, a certain debt or all of the debts.
As can be expected, these cases can become quite complicated and time consuming. Included in these cases are meetings and hearings with the Bankruptcy Court, discovery requests and production, motions, depositions, etc.
If you are interested in filing an adversary proceeding in a bankruptcy court or have had an adversary proceeding filed against you, contact the Henshaw Law Office today.