Overview
The Law Office of Howard L. Hibbard is retained by numerous local bankruptcy attorneys to assist their clients with filing and defending adversary actions in bankruptcy cases. Our attorneys have extensive civil litigation and bankruptcy trial experience which makes our office specially suited to prosecute and defend adversary actions. To arrange a free consultation with one of our attorneys to discuss an adversary action, contact us.
General Information about Adversary Proceedings
An Adversary Proceeding (also called an Adversary Action) is a lawsuit filed by a Plaintiff against a Defendant in the Bankruptcy Court. Adversary Actions may be filed by the Trustee (See: Defending Trustee Litigation), a Creditor (See: Creditors’ Claims), or a Debtor. Adversary actions follow the same basic procedures as a state court lawsuit wherein a Complaint is filed by the Plaintiff and an Answer is filed by the Defendant. There is a discovery phase where the Parties exchange witness information and documents and during which settlement negotiations take place. If the case is not settled, the case will proceed to trial before the Bankruptcy Court Judge.
Types of Adversary Proceedings
Actions Filed Against Debtors
Creditors who object to the dischargeability of a debt often file adversary actions against the Debtor. Creditors may argue that the debt falls into one of the categories of exceptions to discharge. For example, Debts that are owed due to fraud or malicious or willful conduct by the Debtor may not be dischargeable. Additionally, the Creditor may argue that the Bankruptcy itself was filed in bad faith.
In addition to Creditors, the Trustee may file a lawsuit against the Debtor to obtain money for payment to Creditors or argue that the Debtor’s Schedules are intentionally fraudulent or improper. For more information about Trustee Litigation, please read Defending Trustee Litigation.
Actions Filed By Debtors
Debtors may also file an Adversary Action in their own Bankruptcy. For example, Debtors may file an Action against Creditors who violate the Automatic Stay or otherwise attempt to collect a debt in violation of the Bankruptcy Code.
Services We Provide
The Law Office of Howard L. Hibbard provides the following services to our adversary action clients: (1) consultations, phone calls, updates to clients, (2) preparation of all pleadings and documents; (3) legal research as necessary, (4) preparation of all trial/hearing exhibits and witnesses, (5) aggressive hearing and/or trial representation, (6) service of papers and court filings.
The Law Office of Howard L. Hibbard is well versed in Bankruptcy trial procedures and has a strong track record of trial victories. If you have questions regarding Adversary Actions, please feel free to contact our office for a free consultation: contact us.