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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

Procedure

See also

Footnotes

Topic revision: r7 - 22 May 2011, WikildBStaff5
 
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