What is an Adversary Proceeding?
An adversary proceeding is a lawsuit arising in or related to a particular bankruptcy case. It is commenced by filing a Complaint with the Court, and is given a separate proceeding number. The Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules state which actions must be brought as adversary proceedings, and the rules and procedures pertaining to adversary proceedings. Adversary proceedings are extremely complex, so you are strongly urged to consult with a bankruptcy attorney.
An adversary proceeding is a lawsuit arising in or related to a particular bankruptcy case. It is commenced by filing a Complaint with the Court, and is given a separate case number. The Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules state which actions must be brought as adversary proceedings, and the rules and procedures pertaining to adversary proceedings. Adversary proceedings are extremely complex, so you are strongly urged to consult with a bankruptcy attorney.
An Adversary Proceeding (AP) is a lawsuit arising in or related to a bankruptcy case. The filer is the “plaintiff” and the party against whom the AP is filed is the “defendant”. An Adversary Proceeding is initiated by filing with the Bankruptcy Court a document called a “complaint”. Such filings serve to resolve both Federal and State issues. A separate case number is assigned to each Adversary Proceeding. Certain types of disputes cannot be handled by motion in the bankruptcy case, but instead require the filing of an Adversary Proceeding. Adversary Proceedings are filed pursuant to Bankruptcy Rule 7001. The Federal Rules of Bankruptcy and the Local Bankruptcy Rules state which actions require the filing of an Adversary Proceeding. Because Adversary Proceedings may be extremely complex, you are strongly encouraged to consult with a bankruptcy attorney. Back to top.
