Jeff Field & Associates

What Are the Most Common Grounds for Adversary Proceedings in Bankruptcy?

Bankruptcy proceedings serve as a legal mechanism for debtors to obtain relief from overwhelming financial obligations, allowing them to reorganize their debts or liquidate their assets for the benefit of creditors. Ideally, a bankruptcy case proceeds without contention, but when disagreements arise, the bankruptcy code provides a forum for resolving them, known as an adversary proceeding.

An adversary proceeding is a case within a case. Similar to a lawsuit, one party files a complaint alleging grounds for relief and the other party files a response. An adversary proceeding involves discovery, settlement negotiations and, if no settlement is reached, a trial before the same judge who is assigned the bankruptcy case.

Adversary proceedings can address a number of issues that can determine the outcome of the bankruptcy case. The following are common types:

Not all contested issues in a bankruptcy case need an adversary proceeding to resolve. A judge can resolve certain matters in response to a motion by the trustee or by an interested party, especially if there are no material facts in dispute.

Jeff Field & Associates represents clients throughout Georgia in bankruptcy matters, including adversary proceedings. We have offices in Scottdale, Gainesville, Marietta, Lawrenceville, Douglasville and Athens. To schedule an appointment, call us at 404-381-1278 or contact us online.