Some bankruptcy cases are less straightforward than others. In some circumstances, one party may object to a part of the bankruptcy, such as a creditor claiming that a debt should not be forgiven because of fraud or when a creditor has reason to believe that the bankruptcy filer is abusing the system.
The procedure in which this occurs is called an adversary proceeding. An adversary proceeding in a bankruptcy case arises when there is a dispute relating to certain debts. This is a formal objection or complaint that is held in front of a judge through a series of hearings or a trial. The adversary proceeding can be filed by a creditor, the bankruptcy trustee, or the debtor.
Not many bankruptcy cases involve adversarial hearings. But when a dispute does surface, it is important to be represented by a skilled bankruptcy lawyer. At the Law Office of Kimberly A. Sheek, we have substantial experience resolving disputes regarding bankruptcy debt in adversary hearings. Our Charlotte bankruptcy lawyer can navigate the intricate legal process with you and can fiercely advocate on your behalf.
Most adversary hearings are initiated due to a dispute regarding the dischargeability of particular debts.
Some common reasons for adversary hearings in a bankruptcy case:
If you have filed for bankruptcy, the creditor may challenge a debt discharge. Since the dischargeability action is, in fact, a lawsuit against you, it is important to take prompt action and take it seriously. Your best bet will be to get the legal help of our Charlotte bankruptcy attorney to walk you through the adversary proceeding.
The Law Office of Kimberly A. Sheek can provide hands-on guidance through each step of the bankruptcy process. Attorney Kimberly Sheek is a fierce litigator who can vigorously advocate for you in court and protect your financial interests.
Learn more about adversary proceedings. Contact our office in Charlotte at (704) 842-9776 to schedule a free consultation with an attorney.