Can Lawsuits be Filed After the Bankruptcy Case is Filed?
Adversary Proceedings Can be Filed After Bankruptcy Case is Filed – Adversary proceedings can be filed in bankruptcy court for a variety of reasons, such as: (1) A creditor wants to prevent the debtor from receiving a discharge; (2) The trustee attempts to force a non-debtor party to give back property that belongs to the bankruptcy estate; or (3) A party wants the court to make rulings about property or contractual rights (Declaratory Relief). In some scenarios an adversary proceeding is the only procedural method for obtaining relief. Consult Federal Rules of Bankruptcy Procedure Rule 7001 to determine if an Adversary Proceeding is required. In some situations an adversary proceeding can be started or continued even if the main bankruptcy case is no longer open. b) Filing the Complaint – A plaintiff must take six steps to properly file an adversary complaint: (1) Include an adversary proceeding cover sheet. Click here to download Form B-104; (2) Pay the adversary filing fee. Click he
Related Questions
- I filed a Chapter 7 bankruptcy case a few years ago, and got a Chapter 7discharge; can I file Chapter 7 bankruptcy again, and get a second Chapter 7 discharge?
- I filed a Chapter 7 Bankruptcy case within the last 8 years, but again or still have debt I need help with. Can I file a Chapter 13?
- What will happen to my case if I filed bankruptcy in the past and failed to pay the filing fee?
