WHAT IS AN ADVERSARY PROCEEDING IN BANKRUPTCY?
An adversary proceeding is a legal challenge a creditor can make against a debtor in Bankruptcy Court, after a debtor files for bankruptcy. Pursuant to 11 U.S.C. Section 523, creditors may contest or object to the discharge of particular debts for reasons that include: obtaining money or credit by false pretenses, misrepresentations or actual fraud, embezzlement or larceny. A debtor can also be refused a discharge if the debtor harms another by willful or malicious conduct, such as by driving under the influence of drugs or alcohol. Debtors can be refused a discharge of certain types of court-judgments and court-orders. At The Childress Law Office we help our clients resolve problems related to fraudulent conveyances, misrepresentations, and any other dispute that can arise under the Uniform Commercial Code or the common law of contracts. Some debtors file for bankruptcy while hiding their true assets. We will fully investigate claims of insolvency to determine whether debtors are atte
