When a dispute arises during a bankruptcy proceeding, the matter may be resolved through an adversary proceeding. An adversary proceeding is different from the primary bankruptcy case from which it originates. Adversary proceedings are lawsuits filed in bankruptcy court. One or more plaintiffs may file a complaint against one or more defendants in order to resolve the dispute. The debtor may be the plaintiff or defendant in such an action or may not be named at all.
A creditor, debtor, or trustee may file an adversary proceeding in bankruptcy.
- Creditors typically file adversary proceedings to avoid debt from being discharged, such as debt that was fraudulently obtained or intentionally obtained prior to filing for bankruptcy protection.
- Bankruptcy trustees may file adversary proceedings to recover fraudulent transfers or preferential payments, or to ask the court to deny a discharge if a debtor is accused of dishonesty or attempting to abuse the bankruptcy system or process.
- Debtors may file adversary proceedings to challenge creditors, who, for instance, are acting in violation of the automatic stay.
In any such scenario, the bankruptcy adversary proceeding attorneys at Edelboim Lieberman Revah Oshinsky stand prepared to deliver broad insight and experienced representation during any adversary proceeding. Our experienced bankruptcy lawyers represent individual and corporate clients in bankruptcy proceedings across Florida and understand exactly how to approach and handle adversary proceedings to protect our clients’ best interests.