How Does An Adversary Proceeding Differ From Regular Bankruptcy Cases? LA Bankruptcy Lawyer Explains
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 Published On Jul 4, 2023

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Law Offices of Nicholas Gebelt
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Whittier, CA 90604
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An adversary proceeding is a lawsuit. In a regular bankruptcy case, while there are different kinds of bankruptcies and they vary considerably from case to case, the big picture goal in a bankruptcy case is to either restructure or simply get a discharge of debts without paying anything at all. In an adversary proceeding, you have a dispute between, typically a creditor and a debtor to determine, say whether a particular debt is chargeable or sometimes, although this is usually the US trustee's office that mounts this kind of adversary proceeding, to challenge the entire discharge under some theory. There's a certain structure to adversary proceedings. There are quite a few hearings, there's a whole lot of motion practice, and ultimately if the adversary doesn't settle ahead of time, there's going to be a trial.

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