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Adversary Proceeding

An adversary proceeding is a lawsuit filed in a bankruptcy case.

Table of contents for this topic:

When required

Many matters in a bankruptcy case are resolved by motion practice under Bankruptcy Rule 9014. However, the more formal procedures of an adversary proceeding are required for matters listed at Bankruptcy Rule 7001:

(1) to recover money or property, except a proceeding to compel the debtor to deliver property to the trustee, or a proceeding under 11 USC 554(b) or 11 USC 725, Bankruptcy Rule 2017, or Bankruptcy Rule 6002,

(2) to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding under Bankruptcy Rule 4003(d),

(3) to obtain approval pursuant to 11 USC 363(h) for the sale of both the interest of the estate and of a co-owner in property,

(4) to object to or revoke a discharge,

(5) to revoke an order of confirmation of a chapter 11, chapter 12, or chapter 13 plan,

(6) to determine the dischargeability of a debt,

(7) to obtain an injunction or other equitable relief,

(8) to subordinate any allowed claim or interest, except when subordination is provided in a chapter 9, 11, 12, or 13 plan,

(9) to obtain a declaratory judgment relating to any of the foregoing, or

(10) to determine a claim or cause of action removed pursuant to 28 USC 1452.

Loss of right to adversary proceeding

A creditor may lose the right to an adversary proceeding by waiver, e.g., In re Pence, 905 F.2d 1107 (7th Cir. 1990), or a failure to object, United Student Aid Funds, Inc. v. Espinosa, 130 S. Ct. 1367, 176 L. Ed. 2d 158 (2010) (if reasonable notice given).

Jury trial


See also


Topic revision: r7 - 22 May 2011, WikildBStaff5
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