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Adversary Proceeding Representation

Adversary Proceedings are not that common in bankruptcy cases but when they do happen, you will want a professional with experience handling Adversary Proceedings.   The process is a very unique and only used in bankruptcy cases.  Adversary Proceedings are not the same as a state collection court action or a Federal District Court complaints.  Rather, the Adversary Proceeding is a specialized complaint with specific rules to follow that only experienced attorneys know how to manage.

What does an Adversary Proceedings do?  In general, Adversary Proceedings are complaints filed in Chapter 7 or Chapter 11 cases alleging that a debt should be non-dischargeable pursuant to 11 U.S.C §523 or 11 U.S.C §727 or other qualified legal liability.  These claims are brought by a creditor in the case because the creditor believes that the debtor received money or services from the creditor due to misrepresentation, fraud and etc.  The general concept is that it would be wrong for the debtor to be allowed to discharge the debt because of the alleged bad acts that the debtor committed.

The Phillips Law Offices, LLC provides both Plaintiff and Defense services in Adversary Proceedings:

Creditors often think that there is nothing that can be done once a debtor files a bankruptcy case in order to collect a debt.  If the debtor has acted in bad faith in order to ascertain the debt, creditors have a lot of rights to pursue the debtor, including filing an Adversary Proceeding.  Many collection attorneys only understand state court proceedings and do not understand the opportunities for a creditor in filing an Adversary Proceeding against the debtor.  Creditors need seasoned bankruptcy attorneys like the Phillips Law Offices, LLC to file an Adversary Proceeding for it is a unique process that many state collection lawyers simply are not equipped or experienced enough to handle.  It is important to remember that Adversary Proceedings can allow creditors protection from discharge of the entire debt the debtor owes plus any interest that the creditors are entitled too.

Debtors who are sued by a creditor in an Adversary Proceeding need to be concern and do need to defend themselves.  Many attorneys who file bankruptcy cases do not know or have the experience in defending Adversary Proceedings.  Debtors will need a firm like the Phillips Law Offices, LLL to properly defend them against these actions.  Debtor can face if the Adversary Proceeding is successful non-dischargeability of a debt or even more serious a complete denial of their bankruptcy case for life.  Either way, creditors will still be entitled to collect on the debt owed by the debtors.

Stakes are extremely high with Adversary Proceedings for either creditors or debtors.  The Phillips Law Offices, LLC experience in bringing Adversary Proceedings and defending Adversary Proceedings will increase the margin of success in dealing with these high stakes.

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