Beware…………… Add New Topic

Home Forums Beware……………

  • This topic is empty.
Viewing 1 post (of 1 total)
  • Author
    Posts
  • #20764
    AvatarWillieeArmellini
    Keymaster

    Boonstle Inc Chapter 7 Bankruptcy Filing 12/31/2019

    Look for a challenge here. There may be many “twists and turns”

    Stay tuned,  the Courts closed today!

    ADVERSARY PROCEEDINGS
    Adversary proceedings are a separate procedural process in a bankruptcy. In a
    bankruptcy case, there is a debtor and there are creditors, but in an adversary proceeding
    there is a plaintiff and there is a defendant. The plaintiff initiates the adversary proceeding,
    and the defendant is the responding or defending party.
    The adversary proceeding is initiated by the plaintiff who files a complaint. After
    the defendant has been served with a summons issued by the court along with a copy of the
    complaint, the defendant files an answer. The defendant may, but is not required to, file a
    motion to dismiss or use other procedural mechanisms, such as requesting that another
    party join the case. The case then moves into discovery, where parties exchange
    information and obtain evidence to support their respective claims.

    The rules that govern adversary proceedings are found in Part VII of the Federal
    Rules of Bankruptcy Procedure. Fed. R. Bankr. P. 7001 identifies the types of actions that
    would be considered adversary proceedings.
    A creditor may find itself as a defendant in an adversary proceeding if it received a
    preferential payment, or if the a debtor seeks to determine whether a particular debt is
    discharged. A creditor may also be a plaintiff in an adversary proceeding if the creditor
    seeks a determination of nondischargeability of the debt owed.
    Whether you are bringing an adversary proceeding, or find yourself defending an
    adversary proceeding it is important to know that adversary proceedings can be
    exceptionally complicated. The procedural rules are identical in most respects to the
    Federal Rules of Civil Procedure. Discovery mechanisms such as depositions and requests
    for production might be utilized.
    The Court’s final decisions will be based on evidence. Those final decisions may be
    based on motions (see e.g. Fed. R. Bankr. P. 7056) or following a trial, where witnesses are
    examined and cross examined and documents are admitted into evidence.

Viewing 1 post (of 1 total)
  • You must be logged in to reply to this topic.