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Intake Questionnaire: Hiring an Attorney - Adversary Bankruptcy Proceeding


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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.

The procedure by which the court determines whether or not a creditor should be discharged if it objects is called a, "adversary proceeding." An adversary proceeding is like regular litigation, but it takes place in the bankruptcy court and is tried by the bankruptcy judge.

Because adversary proceedings are legally complicated and time-consuming, most attorneys who specialize in bankruptcy are not prepared to get involved in them. In fact, many "bankruptcy specialists" explain in their retainer agreements that they will not help you with an adversary proceeding. That means you are again faced with finding an attorney.


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