What is the Difference Between a Bankruptcy Case and an Adversary Proceeding?
An Adversary Proceeding is Different From the Main Bankruptcy Case – The main bankruptcy case involves a debtor and the creditors of that debtor, and the main bankruptcy case has its own separate electronic docket and case number. For information on main case numbers, see FAQ After Filing #3. An “Adversary Proceeding” in bankruptcy court has the same meaning as a lawsuit in other courts. This means that one or more “plaintiff(s)” file a “complaint” against one or more “defendant(s).” In many situations an adversary proceeding is required if a plaintiff wants to obtain a particular type of relief. Consult Federal Rules of Bankruptcy Procedure Rule 7001 to determine if a particular type of relief requires an adversary proceeding. When an adversary proceeding is commenced, the clerkâs office starts a separate electronic docket to record all activity in the adversary proceeding. Each adversary proceeding has its own “adversary number” which can be found on the first page of the complaint,
