Adversary Proceedings – The Bankruptcy Lawsuit

An adversary proceeding is a lawsuit that is part of a bankruptcy case.  Most cases do not involve an adversary proceeding.  This is because adversary proceedings are not necessary for you to get a discharge.  An adversary proceeding functions like any other lawsuit.  There is a plaintiff and a defendant.  The plaintiff is the party that starts the case and … Continue reading »

Denial of Discharge Defense – Advice of Counsel

A denial of discharge adversary proceeding seeks to take away your entire discharge.  If the trustee is successful, not only do you lose the discharge in this case but you cannot discharge any of these debts in a future bankruptcy.  As one lawyer put it, it makes you a financial dead man walking.  This is why it is so important … Continue reading »