The Legal Guidance You Need

Help With Adversary Proceedings

In some bankruptcy proceedings, debtors may receive a lawsuit known as an adversary proceeding. An adversary proceeding is a lawsuit brought in bankruptcy court. Generally, these lawsuits are brought by either the trustee or by a creditor.

These can be difficult and challenging cases for a debtor and our attorneys at SW Smyth LLP can help you deal with these situations when they develop. We’ll examine your circumstance and explain the law and your options.

Types Of Adversary Fillings

The most common issues that come up in adversary proceedings are:

  • Non-dischargeability: the creditor argues that the debt owed them should not be discharged/eliminated because of fraud, willful or malicious injury, etc.
  • Preference actions: where the debtor has paid back money owed to a creditor (usually a friend, family member or business associate) within a certain period of time.
  • Fraudulent transfers: where the debtor has sold or transferred property within four (4) years of filing bankruptcy without getting fair market value.
  • Failure to disclose all assets or income.

An adversary complaint can be confusing and intimidating. We can help. There are many defenses that are available to fight these complaints. Our offices have successfully defended our clients in these adversary proceedings.

We invite you to come in for a free consultation where our attorneys will be able to review your case, provide you with information to make an informed decision, and discuss all the options you may have.

Contact Us

If you have additional questions regarding bankruptcy matters in general or adversary proceedings in particular, please go to our frequently asked questions page or feel free to call our Los Angles office at 323-486-0731 or use our online contact form to set up an appointment with one of our bankruptcy attorneys.