What are Adversary Proceedings In a New Jersey Bankruptcy ? Adversary proceedings in bankruptcy involve litigation that takes place within the bankruptcy case. These actions generally determine whether a debt is dischargeable, whether a lien can be enforced, or how debts are prioritized. Depending on the specific circumstances, these actions can involve both the debtor and creditor. The expertise of an experienced bankruptcy lawyer is essential for this type of litigation.
Creditor’s Rights in Bankruptcy: Adversary Proceedings
Adversary proceedings are complicated and involve a lot of paperwork and procedures. The Fedoroff Firm LLC is well-versed in representing both parties in court. Our attorneys will work diligently to ensure your best interests are served. Whether or not an adversary proceeding is appropriate for you will depend on the facts of your case.
Adversary proceedings are necessary for bankruptcy litigation if the debtor’s creditors are attempting to avoid a judgment. Adversary proceedings can help the debtor to resolve some of the most difficult issues that may arise. Typically, they involve an attempt to get the Bankruptcy Court to reverse a previous decision.
In one case, the Adversary Complaint sought to reverse a foreclosure judgment entered against the Appellant. It sought orders reversing the Sheriff Sale, the Deed transfer, and a judgment that would grant the debtor’s relief. The Adversary Complaint also sought a stay in the eviction and restitution of the debtor’s property.