Adversary Proceeding

Sacramento Adversary Proceeding Attorney

When a debtor attempts to have their debts discharged through bankruptcy, they are not always guaranteed to be successful. Creditors may attempt to litigate the debtor's eligibility for discharge through a bankruptcy trial, known as an adversary proceeding. Likewise, the bankruptcy trustee may bring an adversary proceeding against a third party in order to recover money or property that the trustee believes should not have been transferred.

Adversary proceedings can take many forms. Whether you are a debtor, a creditor, or a third party who is facing an adversary proceeding, a Sacramento adversary proceeding attorney can help.

We help debtors defend against challenges to their bankruptcy petition.

We help creditors object to bankruptcy petitions that attempt to discharge debts that arose from the debtor's intentional bad acts, fraud, breach of fiduciary duty, or other reasons the bankruptcy code provides.

We help third parties defend against claims that they should forfeit money or property that they otherwise would be entitled to keep if not for the bankruptcy case.

Bankruptcy trials are different. While a standard trial in federal court is governed by the Federal Rules of Civil Procedure, which is something most attorneys have some familiarity with, bankruptcy trials are governed by the Federal Rules of Bankruptcy Procedure. These rules incorporate many of the standard federal rules, but there are many additions. Additionally, the time to assert your rights in bankruptcy court may be different. It is important that you speak to a Sacramento adversary proceeding attorney today.