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Bankruptcy was discharged in March of 2006 and then an adversay was filed against co-owned property on Nov 1 of 2006

2007-02-23 05:49:11 · 2 answers · asked by passionannie 3 in Business & Finance Personal Finance

2 answers

Most of the time it is because the client did not give their attorney certain information that was requested from the Trustee. Usually it is because the client either forgets or thinks their case will be discharged no matter if they produce documents or not. The Trustee can file an adversary action against them even if it was discharged because the case is not closed. In the adversary it states what they want...so read the document and gather the information requested and make sure the client or attorney goes to the hearing.

2007-02-23 06:11:28 · answer #1 · answered by Fun N Sun 4 · 0 0

Under Bankruptcy Rules Rule 7001, an adversary proceeding may be filed in a debtor's bankruptcy action for certain specific reasons. An adversary proceeding may be filed to recover money or property of a debtor, for the sale of a debtor's property by a co-owner, to object or revoke a discharge, to revoke the confirmation of a reorganization plan, to determine the dischargeability of a debt, to obtain an injunction or other equitable relief, and for other matters. See Rule 7001 reproduced here for illustration purpose only.
Creditors also may initiate adversary proceedings to determine the validity or priority of a lien, to determine the validity of a debt, to obtain an injunction, or to subordinate a claim of another creditor. The debtor in possession may institute an adversary proceeding to recover money or property for the estate. A creditors' committee may be authorized by the bankruptcy court to pursue certain actions which the debtor has failed to pursue.
http://www.lawdog.com/bkrcy/bkcp11e.htm

2007-02-23 14:00:56 · answer #2 · answered by wizjp 7 · 0 0

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