Hiring an Attorney for an Adversary Bankruptcy Proceeding

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.

Next Steps

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