Chapter 7 or Chapter 12 bankruptcy is scary enough in Minnesota without having an adversarial proceeding develop during the process. An adversarial proceeding happens when one of the involved parties files a separate lawsuit challenging the bankruptcy.
In a Chapter 7, you must have few assets, and it is a liquidation designed to wipe out debts like credit cards and medical bills. Some items are sold to pay creditors some of their money. If you do not qualify for a Chapter 7, usually because of income, you may still be able to reorganize your debt. A Chapter 13 bankruptcy involves developing a plan to pay back creditors.
What Is An Adversarial Proceeding?
An adversarial proceeding is basically a lawsuit to stop the process or to protect certain items from the bankruptcy process. When you are in bankruptcy, you need a good lawyer.
Attorneys like Ryan and Grinde can steer you through the waters, and is experienced enough to handle an adversarial proceeding if one should develop during your case. Based out of Rochester and St. Charles, Minnesota, we regularly work with clients facing the same worries you face.
A judge will consider the complaint in such a case and make a ruling. While it is not advisable to enter bankruptcy without legal representation, it is even more important to be represented if an adversarial proceeding develops in your case.
Sometimes a creditor will sue in this way, claiming the debt they are owed should not be part of the bankruptcy protection. They may claim the debtor was fraudulent at some point or other less than honest means.
The trustee can also bring a suit, claiming you sold property to protect it before the bankruptcy began, which would benefit one debtor over another in an unfair way, or that you paid. There may even be cases when you might need to file an adversarial proceeding, which is sometimes done to protect real estate property.
Schedule a reduced flat fee $150 initial consultation with Ryan & Grinde. Call 888-399-7281 or contact us online.
As to bankruptcy matters, we are designated a debt relief agency under the BAPCPA. We help people file for bankruptcy relief under the Bankruptcy Code.